By Saidu Abubakar
Two judges CAN give different judgments in different cases. But they CANNOT give opposite judgments on the same issue already decided by a court of equal rank. When that happens, it’s a conflict and Appeal Court must resolve it. The similar scenario characterizes the Justice Peter Lifu’s ruling of Nov. 5, 2026 sacking David Mark as chairman of the ADC as well as subsequently nullifying Atiku Abubakar’s 2027 presidential ticket.
Our independent findings from experts who spoke on condition of anonymity have revealed that the case is laced by YES and NO as explained below:
1. YES, if they are truly different cases
Federal High Court has many judges. Different complainants can file different suits, on different facts, different dates. Each judge can decide his own case.
That’s normal. Court is not one person.
2. NO, if it’s the SAME issue, SAME parties, SAME subject matter. That’s where law stops it. It’s called:
- Res Judicata — matter already decided, cannot be re-litigated
- Issue Estoppel — issue already decided, cannot be re-opened
- Abuse of Court Process — filing same case again in different form to get different result
And the biggest rule: “A judge of coordinate jurisdiction cannot sit as an appellate court over another judge of same rank.”
Justice Lifu (Federal High Court) cannot overrule Justice Liman (Federal High Court). Only Court of Appeal can do that.
So apply to ADC:
Liman’s case — July 2, 2026:
Complainant: Leke Abejide
Issue: Is Mark’s leadership valid?
Ruling: YES, valid. Case dismissed.
Lifu’s case — Nov 5, 2026:
Complainant: Nafiu Bala Gombe
Issue: Is Mark’s leadership valid?
Ruling: NO, illegal. Nullified.
Same issue. Same leadership. Same party. Different complainant, different judge, opposite result.
ADC’s argument:
This is abuse. Gombe is just re-packaging Abejide’s case. Lifu should have struck it out because Liman already decided it, or at least waited for Appeal Court.
The other side’s argument:
Gombe will say his case is different — different facts, different meeting (99th NEC of July 27, 2025), different reliefs. So Liman’s judgment doesn’t bind Lifu.
Who decides who’s right?
Not another High Court judge. Only Court of Appeal.
That’s why Atiku said: “We will challenge this judicial manoeuvre at the Court of Appeal.”
