By Yemi Oyeyemi, Abuja
The National Welfare Secretary of the African Democratic Congress (ADC), Nkemakolam Ukandu, has instituted a suit at the High Court of the Federal Capital Territory (FCT), Abuja, against the Chief Judge of the Federal High Court, Justice John Tsoho; a judge of the court, Justice Joyce Abdulmalik; and a court bailiff, Moses Bentu, alleging bias in the handling of a leadership dispute involving the party.
In the action, Ukandu is asking the FCT High Court to nullify the reassignment of Suit No: FHC/ABJ/CS/1331/2025 by Justice Tsoho to Justice Abdulmalik, contending that the transfer was made in disobedience of an earlier order of the FCT High Court directing that status quo be maintained.
The claimant is also challenging Justice Abdulmalik’s continued hearing of the suit filed by a faction of the ADC led by Dumebi Kachikwu, citing what he described as manifest bias.
The leadership tussle had seen Kachikwu, Adikwu Elias, Etimbuk Umoh, Muhammad Khala and Alakum William institute proceedings against the Independent National Electoral Commission (INEC), the ADC, Chief Ralph Nwosu, Senator David Mark and Rauf Aregbesola over control of the party.
Following an application in July last year, Justice Abdulmalik joined Ukandu as the sixth respondent in the suit.
Ukandu, in a 42-paragraph statement of claim, averred that tensions arose during proceedings of October 23, 2025, when the judge allegedly reprimanded his counsel for failing to file a response to an originating summons served less than 24 hours earlier by the plaintiffs’ counsel. He further alleged that the court abridged the statutory 30-day response time to seven days, inclusive of weekends.
Dissatisfied with the ruling, the claimant petitioned the Chief Judge and sought a transfer of the case to another judge on grounds of “manifest bias” and a “grave likelihood of bias.” He subsequently filed a notice of appeal, compiled and transmitted the record of appeal, which has been entered at the Court of Appeal, Abuja Division. The appellate court has fixed March 2, 2026, for hearing of his application.
Ukandu further alleged that despite the pending appeal, Justice Tsoho, in a letter dated November 7, 2025, directed that proceedings should continue. This, he said, prompted him to file Suit No: FCT/HC/CV/4684/2025 — Nkemakolam Ukandu v. Justice James Tsoho & Ors — in which the FCT High Court ordered that status quo be maintained in Suit No: FHC/ABJ/CS/1331/2025.
He contended that notwithstanding the subsisting order, the Chief Judge proceeded to reassign the case to Justice Abdulmalik.
“The claimant avers that the 1st defendant had started presiding over Suit No: FHC/ABJ/CS/1331/2025 despite taking judicial notice of the pending suit at the FCT High Court and the order endorsed ex facie on the writ of summons,” the statement of claim read in part.
Ukandu also alleged that Justice Abdulmalik proceeded to hear the matter on January 30, 2026, without a hearing notice being served on his counsel, Kalu Kalu Agu. He claimed that a purported certificate of service filed by the bailiff was endorsed by a non-existent person and described the document as spurious.
According to him, a similar certificate of service was filed on behalf of the fifth defendant in the substantive suit.
He further alleged that the judge disregarded these issues and assumed jurisdiction despite the pendency of his appeal at the Court of Appeal.
Among other reliefs sought in Suit No: FCT/HC/CV/619/26, filed on February 12, 2026, Ukandu is seeking declarations that the reassignment of Suit No: FHC/ABJ/CS/1331/2025 is unlawful, null and void for being in flagrant disobedience of the FCT High Court’s order to maintain status quo.
He is also asking the court to declare that Justice Tsoho is bound to comply with the subsisting order of the FCT High Court and that Justice Abdulmalik’s continued handling of the matter is unlawful, as the issues in dispute are allegedly sub judice in Suit No: FCT/HC/CV/4684/2025.
Additionally, the claimant is seeking an order setting aside the reassignment of the suit, an order restraining Justice Abdulmalik from further presiding over the matter, and a directive compelling her to recuse herself on grounds of alleged bias.
Ukandu is equally asking the court to order the bailiff to withdraw the disputed certificate of service from the court’s records, arguing that it breached his constitutional right to fair hearing.
The defendants are yet to respond publicly to the allegations.
