Mr. Nafiu-Bala Gombe, a member of the African Democratic Congress (ADC), has urged Justice Peter Lifu of the Federal High Court in Abuja to dismiss motions requesting his recusal in the ongoing leadership tussle suit.
Gombe’s lawyer, Lukman Fagbemi, SAN, argued that the defendants had not presented any evidence to justify the recusal applications. The motions were filed by counsel representing ADC, Shaibu Aruwa, SAN, and Ogbeni Rauf Aregbesola, represented by Realwan Okpanachi.
Fagbemi also challenged the motion filed by Mr. Nkemakolam Ukandu, ADC’s National Welfare Secretary, seeking to join the suit, describing it as premature and unsupported. Separate counter-affidavits deposed by Gombe were submitted to oppose the recusal applications.
The plaintiff noted that the suit, marked FHC/ABJ/CS/2637/2026, was recently reassigned to Justice Lifu and had not yet come up for hearing under him. “The judge has not taken any evidence, expressed any opinion, or delivered any ruling capable of suggesting bias,” Gombe stated in the counter-affidavit. He emphasized that the mere existence of petitions does not constitute evidence of partiality.
Earlier, Aruwa and Okpanachi had filed motions on June 1 and June 2, respectively, seeking orders for the judge to withdraw from the case and for the file to be returned to the Chief Judge for reassignment.
Adamu Bello, representing the Independent National Electoral Commission (INEC), clarified that INEC had not filed any motion and was not opposing the judge hearing the case.
Kalu-Kalu Agu, representing Ukandu, argued that the joinder application sought to stay proceedings pending the determination of petitions against Justice Lifu and the Chief Judge. Justice Lifu expressed surprise that the petition was filed even though his court had not yet assumed jurisdiction.
In ruling, Justice Lifu held that Ukandu was not yet a party to the suit and therefore could not be heard on prospective joinder. He adjourned the matter until June 16 for a composite ruling on the recusal motions and further hearing. All parties were ordered to file their defence processes before the next session.
