PDP petitions court, demands reassignment of case over fair hearing concerns

The Kabiru Turaki-led faction of the Peoples Democratic Party (PDP) has asked Justice Joyce Abdulmalik of the Federal High Court to recuse herself from a suit filed against the party’s leadership, citing concerns about fair hearing and impartiality.

The suit was filed by the faction aligned with Nyesom Wike, Minister of the Federal Capital Territory (FCT) and led by Mohammed Abdulrahman, Acting National Chairman.

In response, the Turaki faction, through a motion filed by a legal team led by Chris Uche, SAN, on Friday, sought two orders: that Justice Abdulmalik step aside from the matter and that the case be reassigned by the Chief Judge of the Federal High Court to another judge.

Uche argued that his clients’ right to fair hearing under Section 36(1) of the 1999 Constitution had been affected, alleging a “reasonable apprehension of bias” in the handling of the case.

He told the court that his clients had earlier written to Chief Judge John Tsoho, asking that cases involving PDP’s internal disputes not be assigned to Justice Abdulmalik or two other judges in the Abuja division due to what they described as past conduct and perceived bias.

Despite these objections, Uche said the case was assigned to Justice Abdulmalik.

He also claimed that the judge made an ex parte order on November 25, four days after the suit was filed, in a manner he described as similar to orders issued by Justice James Omotosho in another PDP matter.

He argued that the ex parte orders touched on the substance of the suit despite the absence of urgency.

Uche said the timing of the orders and the disregard of the written objections had strengthened his clients’ belief that they might not receive an impartial hearing.

He stated that judicial proceedings must not only be fair but must also appear fair to the public.

The originating suit, marked FHC/ABJ/CS/2501/2025 and filed on November 21 by Onyechi Ikpeazu, SAN, asked the court to restrain security agencies from allowing the Turaki-led leadership access to the PDP national secretariat at Wadata Plaza, Abuja.

It also sought to bar the Independent National Electoral Commission (INEC) from accepting any alternative office address from the Turaki faction or recognising its leaders as representatives of the party.

The plaintiffs also asked the court to direct INEC, the Inspector-General of Police, the FCT Commissioner of Police, and the DSS to enforce previous decisions delivered by Justices James Omotosho and Peter Lifu concerning PDP leadership matters.

At the resumed hearing, counsel informed the court that they had not yet been served with all required processes.

Justice Abdulmalik adjourned proceedings to January 14, 2026, to allow compliance.

Read also: PDP: Wike faction expels Makinde, Bala Mohammed, Bode George, others

A second suit filed by the Turaki faction (FHC/ABJ/CS/2520/2025), seeking an order directing police officers to vacate the party’s national headquarters, was also heard the same day.

Counsel for parties seeking to be joined including Abdulrahman, Senator Samuel Anyanwu, and the PDP Board of Trustees Chairman, Senator Mao Ohuabunwa said they had not been served, and the judge adjourned the matter to January 16 for hearing of all applications and the substantive suit.

The ongoing cases reflect the leadership struggle within the PDP between factions led by Turaki and Wike, each seeking control of the party’s national structure and secretariat.

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