ADC Chieftain Petitions Chief Judge, Alleges Bias by Justice Omotosho in Ongoing Case

The National Welfare Officer of the African Democratic Congress (ADC), Nkemakolam Ukandu, has petitioned the Chief Judge of the Federal High Court, Abuja Division, requesting the reassignment of a case currently before Justice James Omotosho due to alleged bias and concerns about an unfair hearing.

Ukandu, who is the sixth defendant in the matter, made the appeal through his lawyer, Kalu Kalu Agwu, in relation to suit No. FHC/ABJ/CS/1331/2025, Dubem Kachukwu & 4 Ors v. Independent National Electoral Commission (INEC) & 5 Ors. The petition seeks the transfer of the case to another judge or, alternatively, a stay of proceedings pending the Chief Judge’s decision.

In his letter dated October 31, Ukandu claimed that his confidence in the neutrality of the presiding judge had been eroded due to “manifest bias or the grave likelihood of bias leading to a breach of fair hearing.”

He explained that he was joined as a party to the suit on October 3, after the court directed the plaintiffs’ counsel to amend the originating process to include him as the sixth defendant. The matter was then adjourned to October 23 for hearing.

According to Ukandu, the amended court documents were not served on him until October 22 barely 24 hours before the hearing, a development the plaintiffs’ lawyer reportedly brought to the court’s attention.

Ukandu’s counsel informed the court that under the Federal High Court (Civil Procedure) Rules, a defendant is entitled to 30 days to respond to an originating process. However, he said he was surprised when Justice Omotosho, “without any application for abridgement of time by any of the parties,” unilaterally reduced the response period to seven days.

He further alleged that the judge’s order included weekends, making it “impracticable” for his counsel to prepare a comprehensive defence. Ukandu also stressed that the matter was not time-sensitive and therefore did not warrant such a time constraint.

Describing the court’s action as a breach of his constitutional right to a fair hearing, Ukandu’s lawyer argued that the order denied his client a reasonable opportunity to defend himself.

The petition, now before the Chief Judge, urges administrative intervention to ensure that the case is reassigned to “an impartial tribunal” capable of delivering justice without prejudice.