The Federal High Court sitting in Abuja on Tuesday, threatened to dismiss a suit filed against Chief Judge (CJ) of Federal High Court (FHC), Justice John Tsoho, and Justice Peter Lifu for lack of diligent prosecution.
Justice Salim Ibrahim held that the case may be dismissed if there was no representation for the plaintiff, Mr Nkemakolam Ukandu, a chietain of African Democratic Congress (ADC), in the next adjourned date.
Ukandu, the National Welfare Secretary of the ADC, had sued the National Judicial Council (NJC), the FHC Chief Judge and Justice Lifu over alleged bias and disobedience to court order.
In the suit marked: FHC/ABJ/CS/1165/2026, Ukandu sought an order compelling the NJC to investigate allegations of corruption, abuse of judicial powers and bias levelled against Tsoho and Lifu.
When the case was called on Tuesday, only counsel for the 2nd and 3rd defendants (Tsoho and Lifu) were in Court. No legal representation for the plaintiff (Ukandu) and there was no representation for NJC either.
J.U.K. Igwe, SAN, who appeared for Tsoho and Lifu informed the court that the case was adjourned for mention, even as he recalled that, on June 22 when the matter came up, neither the plaintiff nor his lawyer was in court.
The lawyer, who said it seemed the plaintiff was not ready to prosecute the case, urged the court to strike out the suit.
Justice Ibrahim, however, said it was necessary to give the plaintiff another opportunity in the interest of fair hearing.
Igwe then told the court that efforts to serve the plaintiff with their preliminary objection and other processes had been unsuccessful, adding that, the bailiff told them that the address of the plaintiff counsel at No. 4, Oyo Street, Garki at Area 2 in Abuja, could not be located as there was no building on the plot.
The lawyer, therefore, said a motion ex-parte for substituted service had been filed on June 25. He said the application sought an order allowing their notice of preliminary objection, memorandum of conditional appearance, joint statement of defence, and others, to be served on the plaintiff by substituted means by pasting the processes at the entrance gate of No. 4 Oyo Street, Garki, Area 2, Abuja.
He, alternatively sought that the court documents be sent to the plaintiff electronically through WhatsApp Messenger or WhatsApp number provided by the plaintiff in his writ of summons.
After moving the motion, the judge granted it partly by directing the applicants to paste the processes on the gate of the above-address and further ordered the 2nd and 3rd defendants (Tsoho and Lifu) to ensure that the order of the court is served on the plaintiff and the 1st respondent (NJC) in the suit.
The judge, who ordered that hearing notices be issued and served on Ukandu and the NJC, adjourned the matter till July 6 for hearing.
Ukandu’s suit stemmed from the ADC leadership crisis involving an aggrieved member, Nafiu-Bala Gombe, whose case is currently before Justice Lifu.
Gombe’s suit seeks an order stopping Sen. David Mark-led leadership of ADC from parading themselves as leaders of the party.
Ukandu, who is seeking to be joined in the suit number: FHC/ABJ/CS/1819/2025, brought by Gombe, accused the Chief Judge and Justice Lifu of manifest bias, and willingness to do the biddings of persons against the interest of the party.
The plaintiff, in the suit he personally filed at the FHC, faulted the CJ for reassigning the suit to Lifu after it was taken away from Justice Emeka Nwite, saying that, the reassignment was in disregard to the orders of the Supreme Court as well as Justice Nwite.
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