ADC welfare secretary’s suit against federal judges struck out, N100m costs awarded

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

Federal High Court strikes out ADC official Nkemakolam Ukandu’s suit against judges for lack of diligent prosecution, awarding N100m costs. Read More: https://punchng.com/court-strikes-out-adc-officials-suit-awards-n100m-costs/

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Court strikes out ADC chieftain’s suit against FHC CJ, awards judges N100m costs

 A federal high court in Abuja has ordered Nkemakolam Ukandu, the national welfare secretary of the African Democratic Congress (ADC), to pay N50 million each to John Tsoho, chief judge of the federal high court, and Peter Lifu, another judge of the court, after striking out his suit against them.   Salim Ibrahim, presiding judge, made the order on Monday after dismissing the suit for lack of diligent prosecution. The judge directed Ukandu to pay the N100 million costs within 14 days.   The costs followed an oral application by J.U.K. Igwe, counsel to Tsoho and Lifu.   “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,” the judge ruled.     “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 sued the National Judicial Council (NJC), Tsoho and Lifu over allegations of bias and disobedience to a court order.   In the suit marked FHC/ABJ/CS/1165/2026, he sought an order compelling the NJC to investigate allegations of corruption, abuse of judicial powers and bias against Tsoho and Lifu.     The plaintiff and his lawyer, however, failed to appear before the court.   At the previous hearing on June 30, the judge warned that the suit would be struck out if Ukandu or his counsel failed to attend the proceedings again.   The suit arose from the leadership dispute within the ADC.   Ukandu had challenged Tsoho’s decision to reassign a suit filed by Nafiu Bala, an aggrieved ADC chieftain, from Emeka Nwite, a judge of the federal high court, to Lifu.     He argued that the transfer violated an earlier order of the supreme court, which remitted the case to Nwite for the determination of pending applications challenging the jurisdiction of the federal high court. According to him, Nwite had adjourned proceedings indefinitely after lawyers disputed an application seeking the reassignment of the case.   Ukandu also alleged that Lifu proceeded with the matter despite the subsisting orders and sought an injunction restraining him from hearing the leadership dispute pending the determination of his petition before the NJC. He further asked the court to direct Lifu to recuse himself from the case.

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