By Opeyemi Adelakun
A Federal High Court in Abuja has imposed a N1 million penalty on former Osun State Governor and National Secretary of the African Democratic Congress (ADC), Rauf Aregbesola, and the party over their separate applications seeking the withdrawal of Justice Peter Lifu from an ongoing leadership dispute.
Justice Lifu, while delivering his ruling on Tuesday, dismissed the applications as lacking merit and described them as an attempt by litigants to select judges favourable to their interests.
The applications were filed by Aregbesola and the ADC in response to a suit instituted by a party member, Bala Nafiu, who is challenging the emergence of former Senate President David Mark, Aregbesola and members of the party’s interim National Working Committee.
Nafiu is seeking a court order restraining the interim leadership from presenting themselves as officials of the party, arguing that their emergence violated the ADC constitution and provisions of the Electoral Act.
In rejecting the recusal requests, Justice Lifu held that the allegations of bias levelled against the court were unsupported by evidence and amounted to an abuse of judicial process.
He stressed that accusations of judicial bias are serious and must be backed by credible proof, noting that the applicants failed to establish any grounds warranting his withdrawal from the case.
According to the judge, courts must not allow litigants to manipulate proceedings through unsubstantiated allegations aimed at securing a different judge.
“The applicants failed completely to prove the allegations. It is a cheap attempt to blackmail and intimidate the court,” Justice Lifu said.
The court consequently awarded N500,000 costs against Aregbesola and another N500,000 against the ADC, bringing the total penalty to N1 million in favour of the plaintiff.
The ruling followed arguments by counsel representing the parties, including efforts by a lawyer seeking to halt proceedings on the basis of a separate judgment ordering the deregistration of the ADC.
Justice Lifu, however, maintained that the matter before him was distinct from the earlier case and proceeded with the ruling.
The case was subsequently adjourned until June 23 for the hearing of pending applications.
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