PDP: Turaki-led Exco Asks Judge to Withdraw from Suit against Leadership 

Alex Enumah in Abuja 

The newly National Executive of the Peoples Democratic Party (PDP), under the leadership of Kabiru Turaki, SAN, on yesterday, asked Justice Joyce Abdulmalik of the Abuja division of the Federal High Court, to withdraw from hearing the suit filed against the leadership of the party.

Turaki and members of his executive had emerged from the PDP’s National Convention which was held last month in Ibadan, Oyo State.

However, a faction of the PDP said to be loyal to the Minister of the Federal Capital Territory (FCT), Nyesom Wike, and under an acting National Chairman, Alhaji Mohammed Abdulrahman, had approached the court to challenge the Turaki-led leadership.

Plaintiffs in the suit marked: FHC/ABJ/CS/2501/2025, included the PDP, Abdulrahman and Sen. Sameul Anyanwu, the factional National Secretary of the PDP.

They 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 Wadata Plaza in the Wuse Zone 5 area of Abuja. 

They also sought an order of 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.

However, the Turaki-led PDP, in a motion on notice filed by their lead counsel, Chief Chris Uche, SAN, has asked the trial judge 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.

Similarly, they prayed for, “An order of this honourable court remitting this suit to the Chief Judge of the Federal High Court for reassignment to another judge of the Federal High Court for determination on its merit.”

The Turaki-led PDP based their demand on grounds that their right to fair hearing is constitutionally guaranteed under Section 36(1) of the 1999 Constitution (as amended), including the right to an impartial tribunal. 

Their lawyer claimed that there exists a reasonable and well-founded apprehension of likelihood of bias against the defendants 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 and two other judges of the Abuja judicial division of the court, due to past antecedents and perceived partisanship in similar matters. 

In the letter written by the newly elected National Secretary, Ambassador Taofeek Arapaja and dated November 19, 2025, the PDP complained that all the cases involving it at the Federal High Court in Abuja are usually assigned to “Justice James Omotosho, Justice Peter Odo Lifu and Justice Abdulmalik. Even though there are other Judges numbering up to nine in the Abuja Judicial Division, who could have taken up any of these matters, as the Abuja Division has 12 Judges.”

The defendants in the motion on notice submitted that, “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.”

They lamented that, “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.”

According to Uche, the suit which was filed only on November 21, 2025 got its way into Justice Abdulmalik’s court and the judge on November 25, 2025, made an ex-parte order against the defendants in a format and template that was curious and in alliance with the format and template utilised by 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, whose similarity and pattern exceed coincidence. 

The senior lawyer submitted that 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. 

Uche further observed that 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 added that 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. 

The defendants pointed out that 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. 

When the matter came up for hearing yesterday, lawyers to the parties however, informed Justice Abdulmalik that they were yet to receive processes filed in the case.

Justice Abdulmalik subsequently adjourned the matter to allow parties regularise their processes and fixed January 14, 2026 for 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, 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; Senator 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 January 16, 2026, for hearing of all pending applications and substantive matter.