The Unjustifiable Fine Imposed on ADC, Aregbesola

As if the judgment he delivered ordering the Independent National Electoral Commission (INEC) to deregister five political parties, including the African Democratic Congress (ADC), is not enough, Justice Peter Lifu of the Federal High Court in Abuja last Tuesday fined the party and its National Secretary, Rauf Aregbesola, ₦500,000 each over the application for him withdrawal from a suit.

ADC and Aregbesola had, in separate motions, asked Justice Lifu to recuse himself from the suit filed by an aggrieved party member, Nafiu-Bala Gombe, citing alleged bias.

Delivering a ruling on Tuesday, Justice Lifu held that the motions lacked merit and were devoid of credible evidence aimed at frustrating the order of the Supreme Court for accelerated hearing of the case.

The judge argued that the motions for recusal were filed even when the court had yet to assume jurisdiction on the case. He did not only describe the applications as “an abuse of court process”, but said they were fundamentally defective.

Justice Lifu added that it was a cheap attempt to blackmail and intimidate the court, and that nobody can intimidate the court. He then proceeded to slamming the sum of N500,000 cost each against the applicants and in favour of the plaintiff.

Like his previous controversial judgment, legal pundits have faulted the verdict, arguing that if the judge could ask INEC to deregister the ADC, it means that he was sitting to hear a suit against a political party that is not in existence.

They wondered why a judge with integrity and honour would force himself to hear a case where a party has said they don’t have confidence in him due to his bias.

Besides, what justice would Justice Lifu give to the David Mark-led leadership when he has already delivered judgment against them? From his conduct and body language, he portrays himself as a judge who is under pressure to satisfy a particular group or persons.

If Justice Lifu truly has integrity and honour, it would be good for him to stay away from all ADC cases. After all it’s not compulsory that he must hear the cases, neither are they the only cases in the court’s docket.