The Federal High Court in Abuja on Tuesday threatened to dismiss a suit filed against the Chief Judge of the Federal High Court (FHC), Justice John Terhemba Tsoho, and Justice Peter Lifu over alleged bias and disobedience to court order.

Justice Salim Ibrahim gave the warning following the absence of the plaintiff, Mr Nkemakolam Ukandu, a chieftain of the African Democratic Congress (ADC), and his lawyer when the matter came up for mention.

The judge said the suit could be dismissed for want of diligent prosecution if there was no representation for the plaintiff at the next adjourned date.

Ukandu, the National Welfare Secretary of ADC, had sued the National Judicial Council (NJC), Justice Tsoho and Justice Lifu as the first to third defendants respectively, over allegations bordering on corruption, abuse of judicial powers and bias.

In the suit marked FHC/ABJ/CS/1165/2026, Ukandu is seeking an order compelling the NJC to investigate the allegations levelled against the two judicial officers.

When the matter was called on Tuesday, only counsel representing Justice Tsoho and Justice Lifu was present in court, while neither the plaintiff nor the NJC had representation.

J.U.K. Igwe, SAN, counsel to the second and third defendants, informed the court that the matter was slated for mention.

He recalled that on June 22, when the case was last called, neither Ukandu nor his lawyer appeared in court.

The senior lawyer urged the court to strike out the suit, arguing that the plaintiff appeared not ready to prosecute the matter.

However, Justice Ibrahim declined to strike out the case immediately, saying the plaintiff deserved another opportunity in line with the principle of fair hearing.

Igwe told the court that attempts to serve the plaintiff with their preliminary objection and other processes had failed.

According to him, the bailiff reported that the address of the plaintiff’s counsel at No. 4 Oyo Street, Garki Area 2, Abuja, could not be located because there was no building on the plot.

He informed the court that the defendants had filed a motion ex-parte dated June 25, seeking an order for substituted service.

The application sought permission to serve the notice of preliminary objection, memorandum of conditional appearance, joint statement of defence and other processes by pasting them at the entrance gate of the said address.

The defendants alternatively sought permission to serve the documents electronically through WhatsApp using the number provided by the plaintiff in his writ of summons.

After hearing the application, Justice Ibrahim granted it partly, directing that the court processes be pasted on the gate of the address.

The judge also ordered Justice Tsoho and Justice Lifu to ensure that the order was served on Ukandu and the NJC.

He further directed that hearing notices be issued and served on the parties and adjourned the matter until July 6 for hearing.

The suit arose from the ADC leadership crisis involving an aggrieved party member, Nafiu-Bala Gombe, whose case is before Justice Lifu.
Gombe’s suit seeks an order restraining the leadership led by Sen. David Mark from parading themselves as the authentic leaders of the party.

Ukandu, who is seeking to be joined in the suit marked FHC/ABJ/CS/1819/2025, had accused the Chief Judge and Justice Lifu of manifest bias and acting in favour of certain interests against the party.

He faulted the reassignment of the case to Justice Lifu after it was withdrawn from Justice Emeka Nwite, alleging that the action was contrary to orders of the Supreme Court and Justice Nwite.