The Kabiru Turaki-led Peoples Democratic Party (PDP) has asked Justice Joyce Abdulmalik to recuse herself from the suit filed against the leadership of the party.
Freedomonline reports that a faction of the party in the camp of the FCT Minister, Mr Nyesom Wike, led by its acting National Chairman, Alhaji Mohammed Abdulrahman, had filed the suit.
But the Turaki-led leadership of the party, in a motion on notice filed by a team of lawyers led by Chief Chris Uche, SAN, sought two prayers.
They sought “an order for his lordship, Justice Abdulmalik to recuse herself from further presiding over or taking any further steps in this suit upon circumstances giving rise to reasonable apprehension that the 5th to 25th defendants/applicants will not receive a fair and impartial hearing before this court.
“An order of this honourable court remitting this suit to the Chief Judge of the Federal High Court for re-assignment to another judge of the Federal High Court for determination on its merit.”
Giving twelve grounds while their application should be considered, Uche argued that the right to fair hearing is constitutionally guaranteed under Section 36(1) of the 1999 Constitution (as amended), including the right to an impartial tribunal.
He argued that there exists a reasonable and well-founded apprehension of likelihood of bias against his clients in the manner the suit had been handled by Justice Abdulmalik.
The senior lawyer said the 5th to 25th defendants/applicants, in the motion, had formally petitioned the Chief Judge of FHC, Justice John Tsoho, requesting that no case concerning the internal affairs or disputes of PDP be assigned to Justice Abdulmalik, two other judges of the Abuja judicial division to recuse themselves due to past antecedents and perceived partisanship in similar matters.
“Despite the above letter of objection, the matter was assigned to His Lordship, whereupon the party wrote again to the Chief Judge to ask for the transfer of the matter from the said Court.
“Notwithstanding the said letters, His Lordship proceeded to preside over this suit, thereby raising a legitimate apprehension that the 5th to 25th defendants/applicants may not receive a fair, impartial and unbiased consideration of their case,” he said.
According to Uche, the suit which was filed only on Nov. 21, got its way into His Lordship’s court and on Nov. 25, the judge made an ex-parte against the defendants in a format and template that was curious and in alliance with the format and template utilised by Hon. Justice Omotosho of the same court against the defendants.
He said while giving the impression on paper that the prayers in the motion were being refused, yet the judge granted even more far-reaching orders against the defendants in fact, which similarity and pattern exceed coincidence.
He said the subject-matter of the two suits assigned to Justice Abdulmalik bordered on the PDP’s national convention, which is a domestic dispute and internal matter of the party.
He said the orders made ex-parte by the judge when there was no real urgency touched directly on and determined the main substance of the suit at such a preliminary and interim stage.
He said the said orders against the defendants were made several days after the receipt of the letter of protest by his clients, and a second letter protesting the assignment of the matter to the judge.
According to him, judicial proceedings must not only be fair but must manifestly appear to be fair.
“The test for likelihood of bias is whether a reasonable person, properly informed of all the circumstances, would apprehend that he may not receive justice from the Court.
“The continued involvement of His Lordship in this suit, notwithstanding a prior written objection to the court’s administrative authority, has further deepened the apprehension of partiality.
“The circumstances objectively disclose that justice in this matter is at risk of being compromised, and the integrity of judicial proceedings will better preserved by directing a reassignment,” Uche submitted.
Freedomonline reports that in the suit marked: FHC/ABJ/CS/2501/2025, the plaintiffs; PDP, Abdulrahman and Sen. Samuel Anyanwu, the factional National Secretary, had prayed the court to stop the police and Department of State Services (DSS) from allowing Turaki-led leadership (5th to 25th defendants) access to the party’s national secretariat at Wadara Plaza in Abuja.
They also sought an order of injunction, restraining the the Independent National Electoral Commission (INEC) from accepting any other office address or any other address from the Turaki-led leadership as the PDP’s office address other than as already contained in the commission’s records.
They sought an order of injunction, restraining the Turaki-led leadership (5th to 25 defendants) from parading themselves as representatives of the PDP in any capacity whatsoever, among other reliefs.
The plaintiffs prayed the court to declare that INEC, I-G, FCT Commissioner of Police Command and the DSS (1st, 2nd, 3rd and 4th defendants) are constitutionally bound to enforce and give full effect to the decisions of the Federal High Court in the judgments and ruling delivered by Justice James Omotosho and Justice Peter Lifu.
The suit, marked: FHC/ABJ/CS/2501/2025, was dated and filed on Nov. 21 by Dr Onyechi Ikpeazu, SAN.
The plaintiffs sued INEC, I-G, Commissioner of Police FCT Command, DSS as 1st to 4th defendants.
They also joined Amb. Umar Damagun, Kabiru Turaki, SAN; Arapaja Taofeek, Alhaji Hamza Kosre, Dr Daniel Woyengikuro, among others as 5th to 25th defendants respectively.
Upon resumed hearing on Friday, Ikpeazu appeared for the plaintiffs, Uche represented the 5th to 25th defendants while Mimi Ayua announced appearance for the police.
The lawyers to the parties however, informed Justice Abdulmalik that they were yet to receive processes filed in the case.
The judge adjourned the matter to allow parties regularised their processes and fixed Jan. 14, 2026 for hearing of the pending applications and substantive suit.
When the second case filed by the Turaki-led PDP was called few hours after the first matter, Terkaa Aondo, SAN, announced appearance for the plaintiffs while Ayua represented the police.
However, Mr Ken Njemanze, SAN, who appeared for parties seeking to be joined in the case, said he was yet to be served to enable him file his proposed counter affidavit.
The parties seeking to be joined are the PDP’s acting National Chairman of the Wike faction, Alhaji Mohammed Abdulrahman; Sen. Sameul Anyanwu, the National Secretary and the Board of Trustees (BOT) Chairman, Sen Mao Ohuabunwa.
Justice Abdulmalik, who directed all parties to file their processes before the next adjourned date, fixed Jan. 16 for hearing of all pending applications and substantive matter.
The plaintiffs; PDP, its National Chairman, Kabiru Turaki and the National Secretary, Taofeek Arapaja had, in the suit marked: FHC/ABJ/CS/2520/2025, sued the I-G and the Nigerian Police as 1st and 2nd defendants.
The plaintiffs are asking the court for an order directing the officers of the police to vacate their national headquarters located at Wadata Plaza in Wuse, Abuja, among other reliefs.
