By Correspondent in Abuja.
The Kabiru Turaki–led faction of the Peoples Democratic Party (PDP) has asked Justice Joyce Abdulmalik of the Federal High Court, Abuja, to recuse herself from further hearing a suit instituted against the party’s leadership.
Our Correspondent reports that the suit was filed by a faction loyal to the FCT Minister, Mr Nyesom Wike, and led by the party’s acting National Chairman, Alhaji Mohammed Abdulrahman.
However, in a motion on notice filed by a legal team, led by Chief Chris Uche, SAN, the Turaki-led faction sought two key orders:
An order directing Justice Abdulmalik to recuse herself from presiding over or taking further steps in the matter due to circumstances that reasonably suggest the 5th to 25th defendants/applicants may not receive a fair and impartial hearing.
An order remitting the case to the Chief Judge of the Federal High Court for reassignment to another judge for determination on its merits.
Uche, while presenting 12 grounds in support of the application, argued that the right to fair hearing under Section 36(1) of the 1999 Constitution guarantees litigants an impartial tribunal. He said his clients had a well-founded apprehension of bias based on the manner Justice Abdulmalik had handled the matter.
Uche revealed that his clients had earlier petitioned the Chief Judge of the Federal High Court, Justice John Tsoho, urging that no case involving the PDP’s internal affairs be assigned to Justice Abdulmalik or two other judges in the Abuja division due to perceived partisanship in previous cases. Despite this, the case was assigned to Justice Abdulmalik.
The SAN further claimed that the suit,filed on Nov. 21,was assigned to the judge and, by Nov. 25, she had issued ex-parte orders against his clients.
He described the orders as unusually similar in “format and template” to decisions earlier delivered by Justice James Omotosho in related matters.
He said the judge’s ex-parte orders, made without urgency, went to the heart of the main issues in the suit and effectively determined substantive matters at a preliminary stage. The orders were also issued despite two protest letters sent to the Chief Judge, he said.
“The test for likelihood of bias is whether a reasonable person, properly informed of all the circumstances, would fear that justice may not be done,” Uche submitted, insisting that reassignment of the case would preserve the integrity of the judicial process.
In the substantive suit marked FHC/ABJ/CS/2501/2025, the plaintiffs,PDP, Abdulrahman and Sen. Samuel Anyanwu,are seeking orders stopping the police and DSS from allowing the Turaki-led faction access to the PDP national secretariat at Wadata Plaza, Abuja.
They also seek an injunction restraining INEC from accepting any alternative office address from the Turaki faction and an order barring the faction from parading itself as the legitimate leadership of the party.
The suit, filed Nov. 21 by Dr Onyechi Ikpeazu, SAN, also urges the court to compel INEC, the Inspector-General of Police, the FCT Police Command and the DSS to enforce earlier decisions of the Federal High Court delivered by Justices Omotosho and Peter Lifu.
At Friday’s proceedings, Ikpeazu represented the plaintiffs, Uche appeared for the 5th–25th defendants, while Mimi Ayua represented the police. All counsel informed the court that they were yet to be served with some of the processes. Justice Abdulmalik adjourned the matter to Jan. 14, 2026, to allow parties to regularise their filings.
In a second case involving the Turaki-led faction, marked FHC/ABJ/CS/2520/2025, the plaintiffs—PDP, its National Chairman Kabiru Turaki, and National Secretary Taofeek Arapaja—are asking the court to order the police to vacate the party’s national headquarters, among other reliefs.
When the matter was called, Terkaa Aondo, SAN, appeared for the plaintiffs, while Ayua represented the police. Mr Ken Njemanze, SAN, who appeared for parties seeking to be joined in the suit—including acting National Chairman Mohammed Abdulrahman and PDP BOT Chairman Sen. Mao Ohuabunwa—told the court he was yet to be served.
Justice Abdulmalik directed all parties to file and exchange their processes before the next hearing date and adjourned the matter to Jan. 16, 2026, for hearing of all pending applications and the substantive suit.
Edited by Dada Ahmed.
