Court strikes out ADC official’s suit, awards N100m costs

A Federal High Court in Abuja has dismissed a lawsuit brought by Nkemakolam Ukandu, the National Welfare Secretary of the African Democratic Congress (ADC). The suit targeted the Chief Judge of the Federal High Court, Justice John Tsoho, and Justice Peter Lifu, accusing them of judicial bias. The court, presided over by Justice Salim Ibrahim, struck out the case for lack of diligent prosecution after Ukandu and his legal team failed to appear in court, despite receiving hearing notices.

“

Based on the Provision of Order 19 (1) of the Rules of this honourable court 2019, the court hereby makes an order striking out this suit for lack of diligent prosecution.

Justice Ibrahim ordered Ukandu to pay 50 million naira in costs to each of the two judges within 14 days. The ruling cited Order 19(1) of the Federal High Court Rules 2019, which allows for striking out suits due to a lack of diligent prosecution. The plaintiff's absence led to the court's decision.

“

It is further ordered that the plaintiff is to pay the sum of fifty (50) million naira each to the 2nd and 3rd defendants within 14 days from the date of this order.

Ukandu had initially sued the National Judicial Council, Justice Tsoho, and Justice Lifu, seeking an investigation into allegations of corruption, abuse of judicial powers, and bias. This legal action stemmed from internal leadership struggles within the ADC, including a separate case filed by a party member challenging the interim leadership. Counsel for Justices Tsoho and Lifu argued that Ukandu had attempted to evade the consequences of the litigation and had even changed his address during the proceedings to avoid service.

“

My lord, I will plead that this suit should be struck out on terms.