Justice Ambrose Lewis-Allagoa of the Federal High Court, Lagos, has recused himself from a suit challenging the leadership and administration of Lagos Country Club, Ikeja, following an application by Senior Advocate of Nigeria, Babatunde Fashanu, who raised concerns about the judge’s impartiality.
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The judge consequently directed that the case file be returned to the Chief Judge of the Federal High Court for reassignment to another judge, holding that where a litigant expresses a fundamental lack of confidence in a judge’s impartiality, withdrawal from the proceedings would serve the interest of justice.
Justice Lewis-Allagoa announced his decision on October 29, 2026, in Suit No. FHC/LAG/CS/876/2026, involving Fashanu and the Incorporated Trustees of Lagos Country Club and other defendants.
The decision followed a Motion on Notice dated June 1, 2026, in which Fashanu sought the judge’s recusal and the transfer of the case, citing alleged inconsistencies in decisions delivered in earlier proceedings involving the club.
The plaintiff questioned whether Justice Lewis-Allagoa could continue presiding over the latest suit, given his previous involvement in related proceedings concerning the club’s leadership, executive elections and administration.
At the centre of the dispute are earlier cases involving the Incorporated Trustees and members of Lagos Country Club, including Suit No. FHC/L/CS/1792/2024 and Suit No. FHC/L/CS/1886/2024.
In his application, Fashanu referred to proceedings in Suit No. FHC/L/CS/1792/2024, in which Justice Lewis-Allagoa had directed the parties to maintain the status quo pending the determination of the dispute.
According to the plaintiff, the court issued orders on October 22, 2024, November 6, 2024, and January 23, 2025, directing the parties not to take steps capable of altering the existing position while the matter remained pending.
Fashanu, however, alleged that some defendants proceeded with activities concerning the administration of Lagos Country Club despite the subsisting orders.
Among the actions he challenged was the conduct of elections into the club’s Management Committee, which he maintained were undertaken while the earlier proceedings remained unresolved.
The Senior Advocate also questioned a subsequent Consent Judgment delivered in Suit No. FHC/L/CS/1886/2024, instituted by Dr Edwards Ademosu.
He contended that the judgment appeared to validate administrative actions taken by the club’s leadership, including executive elections and the operation of the club’s official financial accounts.
According to Fashanu, the Consent Judgment followed Terms of Settlement entered into by some parties while his earlier suit challenging the club’s administration was still pending.
He argued that the subsequent judgment appeared inconsistent with the status quo orders previously made by Justice Lewis-Allagoa.
The plaintiff maintained that the situation raised concerns about whether issues affecting his interests had been determined without affording him an adequate opportunity to be heard.
He also questioned the role of the Incorporated Trustees of Lagos Country Club, arguing that their responsibilities included protecting the interests of the club’s members in proceedings affecting its administration.
Fashanu contended that the subsequent Consent Judgment could undermine the purpose of his earlier action, which sought to challenge decisions and arrangements concerning the club’s leadership.
He consequently expressed concern about Justice Lewis-Allagoa’s continued involvement in proceedings seeking to set aside a Consent Judgment connected with matters previously considered by the same judge.
According to the plaintiff, the circumstances created an appearance of possible bias and raised questions about his ability to obtain an impartial determination of the dispute.
The recusal application was scheduled for hearing on October 29, 2026.
However, rather than proceed to hear oral arguments from counsel on the application, Justice Lewis-Allagoa announced his decision to withdraw from the case.
The judge took the position that where a party had expressed a fundamental lack of confidence in the impartiality of the court, it was preferable for another judge to hear the matter in the interest of justice.
He consequently directed that the case file be transmitted to the Chief Judge of the Federal High Court for reassignment.
The decision means that the substantive proceedings will continue before another judge following the necessary administrative reassignment.
The suit itself seeks an order setting aside the Consent Judgment delivered in Suit No. FHC/L/CS/1886/2024.
Fashanu is also challenging administrative decisions, committee appointments, electoral processes and other actions allegedly undertaken pursuant to or under the authority of the disputed judgment.
The reliefs sought include orders nullifying actions which the plaintiff maintains were carried out in disregard of earlier court orders.
His claims form part of the continuing legal controversy over the governance, leadership and management of Lagos Country Club, Ikeja.
The dispute has generated several proceedings involving the club’s Incorporated Trustees, management officials and members, with competing positions concerning the legality of administrative decisions and elections.
Justice Lewis-Allagoa’s withdrawal represents a procedural development in the litigation rather than a determination of the substantive issues raised by Fashanu.
The judge’s decision to recuse himself does not establish that he was actually biased or that the previous Consent Judgment was unlawful.
Similarly, the allegations that the club’s leadership acted contrary to subsisting court orders remain matters requiring judicial determination.
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