PDP Petitions Federal High Court Chief Judge, Demands Withdrawal Of Judge From Suit filed By Wike’s Faction
•By Admin
ABUJA – THE Peoples Democratic Party (PDP), under the leadership of it’s national chairman, Kabiru Turaki, has written a petition to the Chief Judge of the Federal High Court, Justice John Tsoho, demanding that Justice Joyce Abdulmalik, withdraws from presiding over a suit filed against the party’s leadership.
The legal action in question was instituted against the PDP by a faction of the party, loyal to the Minister of the Federal Capital Territory, Nyesom Wike, led by it’s National Chairman, Alhaji Mohammed Abdulrahman.
By the suit marked: FHC/ABJ/CS/2501/2025, the plaintiffs; PDP, Abdulrahman and Sen. Sameul Anyanwu, the factional National Secretary, are praying 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.
Among other reliefs, they want 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.
However, during Friday’s sitting, Chief Chris Uche (SAN), had in a motion on notice filed on behalf of the Turaki-led leadership of the PDP, 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.
Also, the applicant requested for “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 motion was predicated on 12 grounds, with Uche arguing 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 submitted 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.
Uche informed the court that the 5th to 25th defendants/applicants, in the motion, had formally petitioned the Chief Judge of FHC, Justice John Tsoho, demanding 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,” Uche stated.
Uche argued further that the suit which was filed only on 21st November, 2025, was assigned to Justice Abdulmalik and on 25th November, 2025, she granted an ex-parte order against the respondents in a manner that was curious and in alliance with the format and template adopted by Justice James Omotosho of the same court against the defendants.
The senior lawyer submitted that Justice Abdulmalik gave 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, which in essence, the similarity and pattern exceed coincidence.
The orders made ex-parte by the judge when there was no real urgency, according to Uche, touched directly and determined the subject matter of the suit at such a preliminary and interim stage.
Uche noted that the subject-matter of the two suits given to Justice Abdulmalik to hear bordered on the PDP’s national convention, which is a domestic dispute and internal matter of the party.
The lawyer maintained that judicial proceedings must not only be fair but must manifestly appear to be fair, adding 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 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.
Meanwhile, the matter could not proceed as parties were asked to regularise their processes.
The judge adjourned the matter to allow parties file, serve and regularise their processes and fixed January 14, 2026, for hearing of the pending applications and substantive suit.
Also, the suit by the Turaki led PDP was adjourned to January 16.
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