PERSPECTIVE – Indicted judge who sits in judgment can only deliver injustice

PERSPECTIVE – Indicted judge who sits in judgment can only deliver injustice

Comrade Owei Lakemfa

By Owei Lakemfa

Ten weeks before the contentious  and increasingly violent general elections in the country, Justice Peter Odo  Lifu  of  the Federal High Court Abuja nullified  the leadership of  one of the two main opposition parties, the African Democratic Congress, ADC.  He did not only purport to remove the  David Mark-Rauf Aregbesola leadership of the party, but also nullified the nomination of all the party’s  candidates  in the   elections. This includes that of its Presidential candidate,  former Vice-President Atiku Abubakar.

The Lifu judgment  was made a day after the party launched its presidential campaigns in Sokoto.  On the day of the judgment, the ADC Presidential train had moved to Kebbi State where it was attacked by thugs.

This attack was not surprising. In fact,   the Nigeria  Democratic Congress, NDC Presidential train of Peter Obi holds the record of suffering the most attacks in  the country.  In broad day light with cameras rolling, it has been attacked by thugs  in Edo, Benue, Cross Rivers, and most recently, Delta State.   The most recent attack on the African Action Congress, AAC Presidential team was perhaps the most graphic and documented. It was an attack in a restaurant in Ado Ekiti carried out by  clearly identifiable   criminals captured in various video recordings and CCTV camera.  The ruling  All Progressives Congress, APC  has also recorded attacks. An APC campaign convoy  headed for a rally in Funtua, Katsina State   was attacked on the Yashi-Funtua  road resulting in  fourteen arrests. In the same state, two APC supporters were reportedly killed  in Yankara while heading for a pro-Governor Dikko Radda rally. In Zaria, Kaduna State, APC campaign vehicles were reportedly attacked in September, 2026. Woven into this rising political violence are  the continued  attacks by terrorists and bandits across the country.

 All these are ominous signs of what 2027 might hold for the country, only for  Justice Lifu, a judge indicted  on Tuesday, June 16, 2026 by the Court of Appeal, to return to his judicial rascality and, attempt  on Thursday,  November 5, 2026 to set the political system on fire.

Lifu had on June 15, 2026 deregistered the ADC and four other political parties. What irked the Appeal Court was that twenty four days earlier,  it had ordered a stay of proceedings in the suit and, this had been brought to the attention of Lifu in open court. But the High Court judge   willfully decided to override the decision of the higher court and, in fact, sat on appeal over it.  It seemed nothing mattered to Lifu including the facts of the case before him. Clearly,  whatever gains he hoped to get,  outweighed the consequences he thought he could suffer by his judicial recklessness.

A clearly angry Court of Appeal, reversed Lifu’s judgment  describing it as a: “brazen violation of the hierarchy of the court and the 1999 Constitution”. It declared Lifu as being unfit to be a judge and that his actions are: “the highest form of judicial impertinence (and) judicial rascality”

Many weighed in to protect the integrity of the judiciary and save the country from avoidable anarchy. In my June 22, 2026 column titled ‘Anarchism in judicial robes’ I submitted that: “Justice Lifu should take a bow from the bench and save the institution further embarrassment. But if he does not, the judiciary should show him the exit.”

But over four months later,   neither has happened  and Lifu continues to roll on; a loose canon in the judicial system.  This  slow nature of justice or the judiciary, is what has enabled Lifu  to return and practically pass the same judgement over  which the Court of Appeal has sat; the purported removal  of the Mark-Aregbesola leadership, the  nullification of the party’s candidates and, other party  decisions submitted to the Independent Electoral Commission, INEC.

Lifu in his latest judgment,  sat on appeal  in the  July 2, 2026 judgment of Justice Musa S. Liman equally of the  Federal High Court, Abuja. In his  Judgment in Suit No. FHC/ABJ/CS/1637/2025 instituted by Hon. Leke Abejide, Justice Liman  affirmed the  legitimacy of the Mark-Aregbesola leadership.   He specifically ruled that  the July 2, 2025 handover of the ADC to the Mark-Aregbesola leadership and,  the follow up  July 29, 2025 NEC  meeting which formally handed over the party leadership,  was legal and, in compliance  with the ADC constitution and the  Electoral Act.

  Justice Liman further  ruled that the  matter of party leadership is an internal affair of the party  and, that the High Court lacked jurisdiction  to hear the case. He  directed INEC  to recognize the Mark-Aregbesola leadership. The INEC complied with the judgment.

 So, when four months later, Lifu assumed  jurisdiction to hear the leadership case and, ruled that the handover was, contrary to Justice Liman’s judgment, unconstitutional, he was actually sitting on appeal over the judgment of a court of concurrent jurisdiction.

The judiciary may not be blamed for producing Lifu as a judge or  failing to rein in him after the Court of Appeal had indicted him and, ruled him unfit to sit on the bench. It might simply be  a case of having many Lifus in its ranks.

Just on November 3, 2026, the National Judicial Council, NJC   under the chairmanship of the Chief Justice of Nigeria, Justice Kudirat Kekere-Ekun took disciplinary actions against nine judicial officers  for various infractions. It  suspended three judges   for one year each  without pay,  with two of them barred  from elevation for three years . It also issued letters of  warning  and caution to the other six for alleged breaches of judicial conduct. Suspended is Justice Hannatu Mohammed Kabir of the Nasarawa State High Court for the unlawful detention of a litigant for 58 days without proper contempt proceedings over  alleged disobedience of court orders.

Grand Kadi Mohammed Sani Salihu of the Jigawa State Sharia Court of Appeal  was punished over his involvement in reopening a judgment delivered by the FCT Upper Area Court, constituting a committee to review the judgment and, subsequently assigning the matter to a Higher Sharia Court judge, who received fresh evidence and delivered another judgment. This, the NJC held: “amounted to an appeal against a valid judgment of a court of competent jurisdiction…” This is the same act of Justice Lifu.

The third judge, Justice Sobere Biambo of the Rivers State High Court  was sanctioned for the issuance of bench warrants and imposition of N300,000  fines on  each of the litigants in a civil dispute without due process.

I have no doubt that an  indicted judge like Lifu who continues to sit in judgment, cannot deliver justice.   The NJC needs to move swiftly on matters such as Lifu’s which are capable of  plunging  the country into chaos, worsen insecurity  and, derailing  the political system.

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