Court Threatens to Dismiss Suit Against FHC Chief Judge, Justice Lifu Over Alleged Bias
A Federal High Court has warned it may dismiss a suit against Chief Judge Justice John Tsoho and Justice Peter Lifu after the plaintiff again failed to appear in court.
A Federal High Court in Abuja on Tuesday warned that it could dismiss a suit filed against the Chief Judge of the Federal High Court, Justice John Tsoho, and Justice Peter Lifu if the plaintiff fails to prosecute the matter diligently.
Justice Salim Ibrahim issued the warning after the plaintiff, Mr. Nkemakolam Ukandu, and his legal representative were absent when the case was called.
The judge held that the matter could be dismissed at the next adjourned date if there was again no representation for the plaintiff.
Ukandu, who is the National Welfare Secretary of the African Democratic Congress (ADC), instituted the suit against the National Judicial Council (NJC), Justice Tsoho and Justice Lifu.
In the case marked FHC/ABJ/CS/1165/2026, Ukandu is seeking an order compelling the NJC to investigate allegations of corruption, abuse of judicial powers, bias and disobedience to a court order allegedly involving the two judges.
When the matter came up for mention on Tuesday, only counsel representing the second and third defendants, Justice Tsoho and Justice Lifu, was present in court.
Senior Advocate of Nigeria, U.K. Igwe, appearing for the two judges, informed the court that the plaintiff had also failed to appear at the previous sitting on June 22.
According to the senior lawyer, the repeated absence of the plaintiff and his counsel suggested a lack of interest in pursuing the case.
He therefore urged the court to strike out the suit for want of diligent prosecution.
Justice Ibrahim, however, declined the request, saying the court was obligated to ensure that every party was given a fair opportunity to present its case.
The judge stressed that the principles of fair hearing required the court to grant the plaintiff another opportunity before taking any drastic action.
He nevertheless cautioned that continued absence without reasonable explanation would not be tolerated.
Justice Ibrahim subsequently adjourned the matter, warning that if the plaintiff or his lawyer fails to appear at the next hearing, the court may dismiss the suit.
The case is one of several recent legal disputes involving judicial officers and has attracted attention because it seeks to compel the NJC, the body responsible for judicial discipline in Nigeria, to investigate allegations against serving judges.
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