By Nchetachi Chukwuajah
The faction of the Peoples Democratic Party (PDP) led by Kabiru Turaki has asked Justice Joyce Abdulmalik of the Federal High Court, Abuja, to recuse herself from a suit on the party’s leadership over “past antecedents and perceived partisanship.”
In a motion on notice Turaki’s legal team, led by Chief Chris Uche (SAN), stated that there exists a reasonable and well-founded apprehension of bias against their clients in the manner the matter has been handled.
The Turaki faction’s action following an earlier suit filed by a faction loyal to the Minister of the Federal Capital Territory (FCT), Nyesom Wike, and led by its acting National Chairman, Alhaji Mohammed Abdulrahman.
In the suit, marked FHC/ABJ/CS/2501/2025, the plaintiffs – PDP, Abdulrahman and factional National Secretary, Senator Samuel Anyanwu – asked the court to restrain the police and the Department of State Services (DSS) from allowing the Turaki-led leadership (5th to 25th defendants) access to the party’s national secretariat at Wadata Plaza, Abuja.
In the suit dated and filed on November 21 by Dr Onyechi Ikpeazu (SAN), the Wike-led faction listed the Independent National Electoral Commission (INEC), the Inspector-General of Police (IGP), the Commissioner of Police, FCT Command, and the DSS as first to fourth defendants.
The plaintiffs sought an order restraining INEC from accepting any other office address from the Turaki-led leadership apart from that already contained in its records.
They further prayed the court to stop the Turaki-led group from parading themselves as PDP representatives in any capacity.
The suit also asked for a declaration compelling INEC, the IGP, the FCT Commissioner of Police and the DSS to enforce the decisions of the Federal High Court in judgments delivered by Justices James Omotosho and Peter Lifu.
The Turaki-led faction, in a motion on notice, however, sought two principal orders: that the Justice Abdulmalik recuse from the case and the re-assignment of the case to another judge.
The motion read, “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.”
The Turaki-led faction cited 12 grounds in support, argued that a fair hearing is constitutionally guaranteed under Section 36(1) of the 1999 Constitution (as amended).
The faction’s legal team, led by Chris Uche, said the defendants had petitioned the Chief Judge, Justice John Tsoho, requesting that cases relating to PDP’s internal disputes should not be assigned to Justice Abdulmalik and two others due to “past antecedents and perceived partisanship.”
He stated that despite the objection, the suit was assigned to Justice Abdulmalik.
Uche added that a follow-up letter requesting reassignment was also ignored, yet the judge proceeded to hear the matter.
He further argued that the case, filed on November 21, 2025, was brought before Justice Abdulmalik, who on November 25, 2025, made an ex parte order against the defendants in a manner he described as “curious,” noting similarities with orders previously made by Justice Omotosho.
The senior advocate said the orders were made when there was no real urgency and effectively determined the substantive issues at an interim stage, adding that the judge acted despite receiving letters of protest from his clients.
He maintained that judicial proceedings “must not only be fair but must manifestly appear to be fair”, insisting that a reasonable observer would apprehend bias in the circumstances.
At the proceedings on Friday, December 5, Ikpeazu appeared for the plaintiffs, Uche for the fifth to 25th defendants, while Mimi Ayua represented the police.
All parties informed the court that they had yet to receive some of the filed processes following which Justice Abdulmalik adjourned the matter to allow parties to regularise their filings.
She fixed January 14, 2026, for the hearing of all pending applications and the substantive suit.
A second suit, marked FHC/ABJ/CS/2520/2025, and filed by the Turaki-led faction was also heard later in the day.
In the suit, the PDP, its National Chairman, Turaki, and National Secretary, Arapaja, sued the IGP and the Nigeria Police Force as first and second defendants.
They prayed the court for an order directing police officers to vacate Wadata Plaza, among other reliefs.
Mr Ken Njemanze (SAN), representing parties seeking to be joined – Abdulrahman, Senator Samuel Anyanwu and the BOT Chairman, Senator Mao Ohuabunwa – told the court he was yet to be served.
Justice Abdulmalik ordered all parties to file their processes before the next adjourned date and fixed January 16, 2026, for the hearing of all pending applications and the substantive matter.
