By Richard Benjamin
A Federal High Court in Abuja on Monday struck out a suit filed against the Chief Judge of the Federal High Court, Justice John Tsoho, and Justice Peter Lifu, citing lack of diligent prosecution, and ordered the plaintiff to pay ₦100 million in costs.
Justice Salim Ibrahim struck out the suit after the plaintiff, Mr Nkemakolam Ukandu, National Welfare Secretary of the African Democratic Congress (ADC), and his counsel failed to appear in court despite being served with hearing notices.
The court awarded costs of ₦50 million each in favour of Justice Tsoho and Justice Lifu and directed that the money be paid within 14 days.
Counsel to the two judges, Mr J.U.K. Igwe (SAN), told the court that all parties had been duly served in accordance with the court’s earlier order but that neither the plaintiff nor a representative of the National Judicial Council (NJC), the first defendant, appeared for the proceedings.
Igwe argued that the plaintiff had failed to diligently prosecute the case and urged the court to strike it out while awarding costs to his clients. He also alleged that the plaintiff changed his address during the proceedings in an attempt to evade the litigation, although substituted service was successfully effected at his last known address.
Delivering the ruling, Justice Ibrahim held that the plaintiff had failed to prosecute the matter diligently.
“Based on the provisions of Order 19(1) of the Rules of this Honourable Court 2019, the court hereby strikes out this suit for lack of diligent prosecution,” the judge ruled.
He further ordered the plaintiff to pay ₦50 million each to Justice Tsoho and Justice Lifu within 14 days.
The suit, marked FHC/ABJ/CS/1165/2026, sought to compel the NJC to investigate allegations of corruption, abuse of judicial powers and bias against the Chief Judge and Justice Lifu.
The case stemmed from the ongoing leadership dispute within the ADC. Ukandu alleged that Justice Tsoho acted improperly by reassigning a related suit involving the party’s leadership crisis from Justice Emeka Nwite to Justice Lifu, claiming the decision demonstrated bias and disregarded existing judicial orders.
The court had previously warned that the suit could be struck out after the plaintiff and his counsel failed to appear at an earlier hearing on June 30. In the interest of fair hearing, Justice Ibrahim adjourned the matter and directed that fresh hearing notices be served on all parties.
The related leadership dispute before Justice Lifu was instituted by an aggrieved ADC member, Mr Nafiu-Bala Gombe, who is challenging the leadership of the party under former Senate President David Mark.
