The National Welfare Secretary of the African Democratic Congress (ADC), Nkemakolam Ukandu, has instituted proceedings at the High Court of the Federal Capital Territory (FCT) against the Chief Judge of the Federal High Court, Justice John Tsoho, Justice Joyce Abdulmalik, and a court bailiff, Moses Bentu, alleging bias in the handling of the party’s leadership dispute.
Ukandu seeks to nullify the reassignment of Suit No: FHC/ABJ/CS/1331/2025 by Justice Tsoho to Justice Abdulmalik, contending that the reassignment contravened an existing order of the FCT High Court directing the maintenance of status quo.
The claimant argues that Justice Abdulmalik has continued to preside over the matter despite a pending appeal before the Court of Appeal, Abuja Division, and despite allegations of manifest bias. He cites instances where his counsel was compelled to respond to originating processes within abridged timelines and where questionable certificates of service were allegedly filed and relied upon.
Ukandu further references a petition he lodged against Justice Abdulmalik’s conduct, as well as an appeal already entered at the Court of Appeal, with hearing fixed for 2 March 2026. He maintains that the Chief Judge’s directive of 7 November 2025, instructing the continuation of proceedings notwithstanding the pending appeal, amounted to disobedience of the FCT High Court’s order.
Among the reliefs sought in Suit No: FCT/HC/CV/619/2026, filed on 12 February 2026, are:
– A declaration that the reassignment of Suit No: FHC/ABJ/CS/1331/2025 is unlawful, null, and void, having been made in defiance of the subsisting order of the FCT High Court.
– A declaration that the Chief Judge is bound to obey the directive to maintain status quo in the matter.
– An order setting aside the reassignment and restraining Justice Abdulmalik from further presiding over the suit.
– An order directing Justice Abdulmalik to recuse herself on grounds of manifest bias.
– An order compelling the bailiff to withdraw the disputed certificate of service allegedly filed against the claimant, as it infringes his constitutional right to fair hearing.
Ukandu’s suit underscores continuing tensions over judicial impartiality in intra‑party disputes, raising questions about compliance with procedural safeguards and respect for appellate jurisdiction.
