The Federal High Court in Abuja on Tuesday threatened to dismiss a suit filed against the Chief Judge of the court, Justice John Tsoho, and Justice Peter Lifu for lack of diligent prosecution.
Justice Salim Ibrahim, in a ruling, held that the case would be dismissed if there was no representation for the plaintiff, Mr. Nkemakolam Ukandu, a chieftain of the African Democratic Congress (ADC), on the next adjourned date.
Ukandu, the National Welfare Secretary of the ADC, had sued the National Judicial Council (NJC), the Chief Judge of the Federal High Court, and Justice Lifu as the 1st to 3rd defendants, respectively, over alleged bias and disobedience to a court order.
Ukandu, in a suit marked FHC/ABJ/CS/1165/2026, 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 lawyer appeared for the plaintiff (Ukandu), and there was no representation for the NJC either.
John Igwe (SAN), who appeared for Justices Tsoho and Lifu, informed the court that the case was adjourned for mention.
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 appeared 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.
He said the bailiff informed them that the address of the plaintiff’s counsel at No. 4, Oyo Street, Garki, Area 2, 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.
He said the motion was dated and 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 other processes to be served on the plaintiff by substituted means through pasting the documents at the entrance gate of No. 4, Oyo Street, Garki, Area 2, Abuja.
Alternatively, he sought leave for the court documents to be served electronically through the WhatsApp number provided by the plaintiff in his writ of summons.
After moving the motion, the judge granted it in part by directing the applicants to paste the processes on the gate of the stated address.
Justice Ibrahim further ordered the 2nd and 3rd defendants (Tsoho and Lifu) to ensure that the court’s order was served on the plaintiff and the 1st defendant (NJC).
The judge, who also ordered that hearing notices be issued and served on Ukandu and the NJC, adjourned the matter until July 6 for hearing.
The 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 restraining the Sen. David Mark-led leadership of the ADC from parading themselves as leaders of the party.
Ukandu, who is seeking to be joined in suit No. FHC/ABJ/CS/1819/2025, filed by Gombe, accused the Chief Judge and Justice Lifu of manifest bias and a willingness to do the bidding of persons acting against the interest of the party.
In the suit he personally filed before the Federal High Court, Ukandu faulted the Chief Judge for reassigning the case to Justice Lifu after it had been taken away from Justice Emeka Nwite.
He argued that the reassignment was in disregard of the orders of the Supreme Court as well as those of Justice Nwite.
