An official of the African Democratic Congress (ADC), Nkemakolam Ukandu, has initiated a legal action against the Chief Judge of the Federal High Court, John Tsoho, and the National Judicial Council (NJC). The suit alleges bias, abuse of judicial powers, and disobedience to court orders concerning the reassignment of a case that challenges the party's leadership.
According to court documents shared with PREMIUM TIMES on Friday, Mr. Ukandu filed the suit as ADC's National Welfare Secretary at the Federal High Court in Abuja on Thursday, 4 June. He also named Judge Peter Lifu, who was recently assigned to hear the leadership dispute involving the party's current leadership headed by former Senate President David Mark, as a respondent.
Among other prayers, Mr. Ukandu is seeking an order compelling the NJC to investigate the bias allegations contained in his petition against Messrs. Tsoho and Lifu.
Background of the Leadership Dispute
The fresh suit is the latest development in the legal battles that have followed recent changes in the ADC's leadership structure. The party has experienced internal disagreements since a coalition of opposition politicians adopted it as a platform ahead of the 2027 general elections and backed a new leadership arrangement led by Mr. Mark and former Osun State Governor Rauf Aregbesola.
These changes have sparked legal challenges from some party members, including Nafiu Bala, who argue that the process leading to the emergence of the new leadership violated the party's constitution and established procedures. Mr. Ukandu is seeking to join Mr. Bala's suit, marked FHC/ABJ/CS/1819/2025, which challenges the legality of the current leadership arrangement.
Reassignment of the Case
In the new suit, marked FHC/ABJ/CS/1165/2026, Mr. Ukandu challenged the decision to transfer the case from Judge Emeka Nwite to Mr. Lifu. According to court documents, the Supreme Court had on 30 April remitted the leadership dispute to Mr. Nwite for continuation of proceedings, particularly on pending applications challenging the jurisdiction of the Federal High Court to hear the matter.
Mr. Ukandu stated that when the case resumed before Mr. Nwite, the lawyer for the plaintiff in the leadership dispute requested that it be reassigned to another judge. He said lawyers representing the defendants and parties seeking to be joined opposed the request. According to him, Mr. Nwite subsequently adjourned proceedings indefinitely pending service of the request on all parties, the response of the Chief Judge, and the production of the certified true copy of the Supreme Court's judgment.
However, the ADC official alleged that despite these developments, Mr. Tsoho reassigned the matter to Justice Lifu. "Without complying with the orders of the Supreme Court and Hon. Justice Emeka Nwite, the 2nd Defendant in abuse of his judicial powers reassigned this matter," Mr. Ukandu alleged in the suit.
The reassignment came amid changes within the Federal High Court following the elevation of some judges, including Mr. Nwite, to the Court of Appeal. This development resulted in the redistribution of several cases previously handled by the affected judges. Mr. Ukandu argued that notwithstanding Mr. Nwite's elevation, the Supreme Court's directive required that the matter continue before him and that any reassignment amounted to a disregard of the apex court's decision. He further alleged that Mr. Lifu fixed the matter for hearing despite being aware of the earlier orders made by the Supreme Court and Mr. Nwite.
Allegations of Bias
In the suit, the ADC official accused both Messrs. Tsoho and Lifu of demonstrating bias in handling the leadership dispute. He claimed that the party had, in a statement shared on 7 May, raised concerns over what it described as plans to move the case to another judge. Mr. Ukandu also alleged that no hearing notice was served on his lawyer, Kalu Agu, before proceedings were conducted on 3 June.
As part of his case, he referenced comments reportedly made by legal scholar and former chairman of Nigeria's National Human Rights Commission, Chidi Odinkalu, regarding the assignment of political cases within the Federal High Court. Mr. Ukandu argued that those comments reinforced his fears that he would not receive a fair hearing in the leadership dispute. He further accused Mr. Lifu of disregarding judicial precedents and acting in a manner that created a perception of bias.
The allegations have not been tested in court, and neither Messrs. Tsoho nor Lifu has publicly responded to them.
Prayers Sought
Mr. Ukandu told the court that he had already petitioned the NJC and the Chief Justice of Nigeria, alleging corruption, abuse of judicial powers, disobedience to court orders, and bias against the two judges.
He is seeking a declaration affirming the responsibility of the NJC to investigate complaints against judicial officers and impose sanctions where necessary. He also wants the court to compel the NJC to investigate the allegations contained in his petition against Messrs. Tsoho and Lifu. In addition, he is asking the court to stop Mr. Lifu from further presiding over the leadership dispute pending the determination of the petition and to direct the judge to recuse himself from the matter.
As of the time of filing this report, neither the Federal High Court nor the NJC had responded to the suit. The court has yet to fix a date for hearing in the fresh suit.
