The Kabiru Turaki-led faction of the Peoples Democratic Party (PDP) has asked Justice Joyce Abdulmalik to recuse herself from the suit filed against the party’s leadership.
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 the likelihood of bias against his clients in the manner Justice Abdulmalik had handled the suit.
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 and two other judges of the Abuja judicial division of the court (out of twelve judges of the court) 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 November 21, 2025, got its way into His Lordship’s court and on November 25, 2025, His Lordship 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, the judge granted even more far-reaching orders against the defendants, a pattern that exceeds coincidence in terms of similarity.
He said the subject matter of the two suits assigned to Justice Abdulmalik concerned the PDP’s national convention, which is a domestic dispute and an 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 orders against the defendants were issued several days after his clients received the letter of protest, 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 be better preserved by directing a reassignment,” Uche submitted.
In the suit marked: FHC/ABJ/CS/2501/2025, the plaintiffs, PDP, Abdulrahman and Sen. Sameul 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 injunction restraining 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 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 rulings 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, IG, Commissioner of Police (FCT Command), and 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 had yet to receive processes filed in the case.
The judge adjourned the matter to allow parties to regularise their processes and fixed Jan. 14, 2026, for the hearing of the pending applications and substantive suit.
When the second case filed by the Turaki-led PDP was called a 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 the parties seeking to be joined in the case, said he had not yet been served, thereby preventing him from filing 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 the hearing of all pending applications and substantive matters.
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 IG and the Nigerian Police as the 1st and 2nd defendants.
The plaintiffs are seeking an order directing the police officers to vacate their national headquarters at Wadata Plaza, Wuse, Abuja, among other reliefs.
