A Federal High Court in Abuja has struck out a suit filed by the National Welfare Secretary of the African Democratic Party (ADC), Nkemakolam Ukandu, against the court’s Chief Judge, Justice John Tsoho, and Justice Peter Lifu, describing the action as lacking diligent prosecution.
The court also imposed a total cost of ₦100 million on the plaintiff – Nkemakolam Ukandu.
Delivering the ruling on Monday, Justice Salim Ibrahim dismissed the suit, marked FHC/ABJ/CS/1165/2026, after both Ukandu and his counsel repeatedly failed to appear before the court.
The judge held that the plaintiff had abandoned the case and invoked the provisions of Order 19(1) of the Federal High Court Rules 2019 to strike it out.
“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,” Justice Ibrahim ruled.
He further ordered that Ukandu pay ₦50 million each to the second and third defendants—Justice Tsoho and Justice Lifu—within 14 days.
“It is further ordered that the plaintiff is to pay the sum of ₦50 million each to the second and third defendants within 14 days from the date of this order,” the judge added.
Ukandu had instituted the suit against the National Judicial Council (NJC), Justice Tsoho and Justice Lifu, accusing the two judges of bias, abuse of judicial powers, corruption and disobedience to court orders.
Among the reliefs sought, the ADC chieftain asked the court to compel the NJC to investigate the allegations he levelled against the judges.
However, court records showed that since filing the suit several months ago, neither Ukandu nor his lawyer had appeared in court to prosecute the matter.
Their absence on June 30 prompted Justice Ibrahim to warn that the case could be dismissed if they failed to appear at the next adjourned date.
When the matter was called again on Monday, both the plaintiff and his counsel were once more absent.
Following an oral application by defence counsel, James Igwe (SAN), the court struck out the suit and awarded costs against the plaintiff.
The dispute stemmed from Justice Tsoho’s administrative decision to reassign a separate suit filed by Nafiu Bala Gombe challenging the leadership of the David Mark-led ADC from Justice Emeka Nwite to Justice Peter Lifu.
Ukandu had argued that the reassignment violated an earlier order of the Supreme Court, which had remitted the matter to Justice Nwite for expeditious determination.
He also contended that Justice Nwite had adjourned proceedings indefinitely after lawyers disagreed over an application seeking the transfer of the case, insisting that Justice Lifu ought not to have proceeded with hearing the matter in view of what he described as subsisting court orders.
Monday’s ruling effectively brings Ukandu’s suit to an end unless further legal steps are taken.
