By: Ezekiel Awojide, Abuja
The National Judicial Council (NJC), the Chief Judge of the Federal High Court, Justice John Tsoho, and Justice Joyce Abdulmalik have been sued over alleged bias against the African Democratic Congress (ADC) in a case against the leadership of David Mark, Rauf Aregbesola, and others.
A Chieftain of the ADC, Nkemakolam Ukandu who dragged the three defendants before the Federal High Court in Abuja is praying the NJC and the Chief Judge to rescue the party from the alleged manifest bias in the case against the party.
The plaintiff, who is the National Welfare Secretary of the ADC is seeking an order of the court directing the NJC to investigate Justices Tsoho and Abdulmalik, who are the 2nd and 3rd defendants over alleged manifest bias in the hearing of a suit marked: FHC/ABJ/CS/1331/2025 instituted by Hon. Dumebi Kachikwu against the Independent National Electoral Commission (INEC) David Mark, Rauf Aregbesola, and others.
The ADC Chieftain in the suit filed on March 3, is also seeking an order of injunction restraining Justice Joyce Abdulmalik from continuing to preside over the case seeking to sweep away David Mark, Aregbesola, and others as National Officers of the ADC.
Ukandu who claimed to have petitioned the NJC over the alleged bias is also seeking another order directing Justice Abdulmalik to recuse herself from the suit on grounds of manifest bias and grave likelihood of bias against him and others.
The suit marked: FHC/ABJ/CS/445/26 was filed on behalf of the plaintiff by an Abuja-based legal practitioner, Kalu Kalu Agu.
In a 52- paragraph statement of claims, the plaintiff stated that following an application, he was joined as the 6th defendant in a suit marked: FHC/ ABJ/ CS /1331/2025, on October 3, 2025.
While Dumebi Kachikwu, Adikwu Elias, Etimbuk Umoh, Muhammad Khala, and Alakum William are the 1st to 5th plaintiffs respectively in the suit marked: FHC/ ABJ/ CS /1331/2025, INEC, ADC, Chief Ralph Nwosu, Senator David Mark, and Rauf Aregbesola are the 1st to 5th defendants respectively.
Ukandu, stated that the problem started when the judge came down heavily on his lawyer at the proceedings of October 23, 2025, for not filing a response to the originating summons served on him barely 24 hours before by plaintiffs’ counsel, and then abridged the time of response from 30 days to seven, including Saturday and Sunday.
The claimant being dissatisfied with the judge’s decision said he petitioned the Chief Judge against the said ruling and demanded a transfer of the case to another Judge on grounds of manifest bias and grave likelihood of bias on the part of the judge against him and others.
The claimant said he also filed a Notice of Appeal, compiled and transmitted a Record of Appeal, and the appeal was entered at the Court of Appeal, Abuja Division.
Plaintiff lamented that the Chief Judge in a letter dated November 7, 2025, and addressed to his counsel directed Justice Abdulmalik to proceed with the hearing of the matter despite a pending appeal at the Court of Appeal, a development which led him to file an action against the Chief Judge in suit No: FCT/HC/CV/4684/2026.
He claimed that the Chief Judge was in the suit directed to maintain status quo in Suit No: FHC/ABJ/CS/1331/2025 between Dumebi Kachikwu and four others against INEC, David Mark, Aregbesola, and others at the Federal High Court,
Ukandu contended that despite the pendency of the matter and the order of the High Court of the FCT which directed the Chief Judge to maintain staus quo in Suit No: FHC/ABJ/CS/1331/2025: the Chief Judge in disobedience to the said order went ahead and reassigned Suit No: FHC/ABJ/CS/1331/2025: to Justice Abdulmalik.
Plaintiff further claimed that despite the pending appeal at the Court of Appeal, Justice Abdulmalik started presiding and heard the matter on January 30, without serving notice of hearing on his lawyer, Mr. Kalu Agu.
While praying for an order directing the NJC to investigate the allegation of manifest bias against the Chief Judge and Justice Abdulmalik about their involvement in suit number: FHC/ABJ/CS/1331/2025, he is also asking for another order restraining the Judge from continuing to preside over the said case.
He applied for an order of injunction restraining Justice Abdulmalik from continuing to preside over Suit No: FHC/ABJ/CS/1331/2025 pending the determination of his petition to the NJC against the Chief Judge and Justice Abdulmalik.
Meanwhile, no date has yet been fixed for the hearing of the suit.
