ADC Chieftain Drags NJC, Chief Judge to Court Over Alleged Bias in Case Seeking Mark, Aregbesola’s Removal

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A chieftain of the African Democratic Congress (ADC), Nkemakolam Ukandu, has filed a suit at the Federal High Court in Abuja against the National Judicial Council (NJC) and the Chief Judge of the court, alleging judicial bias in a case seeking the removal of key party leaders.

Ukandu, who is the National Welfare Secretary of the party, is asking the court to compel the NJC to intervene and rescue the party from what he described as “manifest bias” in a pending suit involving the party and some of its national officers.

In the suit, the plaintiff is specifically seeking an order directing the NJC to investigate the Chief Judge of the Federal High Court, John Tsoho, and Justice Joyce Abdulmalik over their alleged roles in the handling of the matter.

The case in contention, marked FHC/ABJ/CS/1331/2025, was instituted by Dumebi Kachikwu against the Independent National Electoral Commission (INEC), David Mark, Rauf Aregbesola and others.

Ukandu is also seeking an order restraining Justice Abdulmalik from continuing to preside over the case, which aims to remove Mark, Aregbesola and other officials from their positions as national officers of the ADC.

The fresh suit, marked FHC/ABJ/CS/445/26, was filed on March 3 by an Abuja-based lawyer, Kalu Kalu Agu, on behalf of the plaintiff.

In a 52-paragraph statement of claim, Ukandu said he was joined as the sixth defendant in the original suit on October 3, 2025 following an application filed before the court.

The plaintiffs in the earlier suit include Dumebi Kachikwu, Adikwu Elias, Etimbuk Umoh, Muhammad Khala and Alakum William, while INEC, ADC, Chief Ralph Nwosu, Senator David Mark and Rauf Aregbesola were listed as the first to fifth defendants respectively.

Ukandu alleged that the controversy began during proceedings on October 23, 2025 when the presiding judge allegedly reprimanded his counsel for failing to respond to an originating summons that had been served barely 24 hours earlier.

According to him, the judge subsequently abridged the statutory time for filing a response from 30 days to seven days, including weekends.

Dissatisfied with the ruling, Ukandu said he petitioned the Chief Judge of the Federal High Court, seeking the transfer of the case to another judge on the grounds of manifest bias and the likelihood of prejudice against him and other defendants.

He added that he also filed a Notice of Appeal and transmitted the records of appeal to the Court of Appeal of Nigeria, Abuja Division.

Ukandu further claimed that in a letter dated November 7, 2025, the Chief Judge directed Justice Abdulmalik to continue hearing the case despite the pending appeal before the appellate court.

The development, he said, prompted him to institute another action against the Chief Judge at the High Court of the Federal Capital Territory in suit number FCT/HC/CV/4684/2026.

According to the plaintiff, the FCT High Court had ordered the Chief Judge to maintain the status quo in the matter pending before the Federal High Court.

Ukandu alleged that despite the subsisting order and the pending appeal, the Chief Judge reassigned the case to Justice Abdulmalik.

He further claimed that the judge went ahead to hear the matter on January 30 without serving hearing notice on his counsel.

Consequently, the plaintiff is asking the court to compel the NJC to investigate the alleged bias involving the Chief Judge and Justice Abdulmalik in relation to the suit.

He is also seeking an injunction restraining Justice Abdulmalik from presiding over the case pending the determination of his petition before the NJC.

As of the time of filing this report, no date has been fixed for the hearing of the suit.