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The Federal High Court in Abuja on Monday struck out a suit filed by the National Welfare Secretary of the African Democratic Congress, Nkemakolam Ukandu, against the Chief Judge of the
Federal High Court, Justice John Tsoho and Justice Peter Lifu over alleged judicial bias and awarded N100m costs against him.
Justice Salim Ibrahim struck out the suit for lack of diligent prosecution, after neither Ukandu nor his counsel appeared in court despite being served with hearing notices.
The judge ordered Ukandu to pay N50m each to Justice Tsoho and Justice Lifu within 14 days.
“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.
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“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,” Justice Ibrahim ruled.
Ukandu had sued the National Judicial Council, Justice Tsoho and Justice Lifu, seeking an order compelling the NJC to investigate allegations of corruption, abuse of judicial powers and bias against the two judges.
The suit arose from the leadership crisis rocking the ADC and was linked to a separate case filed by an aggrieved party member, Nafiu-Bala Gombe, challenging the David Mark-led interim leadership of the party.
When the matter was called on Monday, only counsel for Justice Tsoho and Justice Lifu, J. U. K. Igwe (SAN), was in court.
Igwe told the court that all parties had been duly served with hearing notices, adding that substituted service was effected on Ukandu through the address he provided in his court processes. He also said the NJC had been served in line with the court’s order.
“My lord, I will plead that this suit should be struck out on terms,” he said.
When the judge sought clarification on the phrase “on terms,” the senior advocate replied that “this is deliberate.”
“Under the specific rules of the court and the constitution, I am entitled to a cost for them (plaintiff) evading the consequences of this litigation,” he said.
Igwe argued that Order 19(1) of the Federal High Court Rules empowered the court to strike out the suit due to the plaintiff’s absence, while Order 25(1)(d) entitled his clients to costs.
He further alleged that Ukandu changed his address during the proceedings to evade service.
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He stated, “They brought the case and they were aware and not in today’s proceedings.
“I have obeyed your lordship’s order that they should be served at their last known address.
“Therefore, I want the case to be struck out with a cost of N50 million to each of the 2nd and 3rd defendants.
“We can’t continue like this.”
Igwe also argued that judicial officers, as public officers, could not publicly respond to allegations made against them.
“If your lordship look at Paragraphs 5 and 6 of the plaintiff’s statement of claims, he agreed that he applied to join a suit pending before FHC.
“In Paragraph 5, he said he brought a motion to be joined and in Paragraph 6, he said the same joinder application is yet to be heard.
“And in a suit he has not joined, he wrote a letter to the Chief Judge not to assign the case to some judges. He said these particular judges are co- corrupt judges.
“My lord, the plaintiff has already concluded that the chief judge is corrupt,” he said.
Igwe added that Ukandu had filed the suit, publicised it in the media and subsequently failed to prosecute it.
“I will ask that the 2nd and 3rd defendants be given N50 million each and be paid within 14 or 30 days,” he said.
The PUNCH reports that neither Ukandu nor his lawyer had appeared before Justice Ibrahim since the suit was filed.
At the previous sitting on June 30, the judge had warned that the matter could be struck out if the plaintiff again failed to appear, but adjourned the case to allow fresh hearing notices to be served in the interest of fair hearing.
Ukandu is seeking to be joined in Gombe
’s suit challenging the leadership of the ADC
