The Federal High Court sitting in Abuja, on Friday, adjourned further proceedings on the suit seeking to nullify the outcome of the National Convention of the Peoples Democratic Party, PDP, recently held in Ibadan, Oyo State, till January 14, 2026.
The adjournment came on a day a faction of the party led by Kabiru Turaki, SAN, asked Justice Joyce Abdulmalik, who is handling the matter, to recuse herself.
In a motion they filed through a consortium of seven Senior Advocates of Nigeria, SANs, led by Chief Chris Uche, the former National Chairman of the PDP, Ambassador Umar Damagum, as well as all officers of the party that emerged through the disputed convention, accused the trial judge of bias.
According to them, “there exists a reasonable and well-founded apprehension of likelihood of bias against the 5th to 25th Defendants/Applicants in the manner this suit has been handled by His Lordship, Hon. Justice Abdulmalik.”
They noted that, though the judge earlier refused an ex parte motion brought before the court by the faction aligned with the Minister of the Federal Capital Territory, FCT, Nyesom Wike, she still proceeded to bar their own group from taking any steps or decisions on behalf of the party.
“The right to fair hearing is constitutionally guaranteed under Section 36(1) of the Constitution of the Federal Republic of Nigeria 1999 (as amended), including the right to an impartial tribunal.
“The 5th to 25th defendants/applicants had formally petitioned the Honourable Chief Judge of the Federal High Court requesting that no case concerning the internal affairs or disputes of the PDP be assigned to His Lordship 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.
“The suit, which was filed only on 21st November 2025, got its way into His Lordship’s court and on 25th November 2025, His Lordship 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 Hon. Justice Omotosho of the same court against the defendants, while giving the impression on paper that the prayers in the motion were being refused, yet granting even more far-reaching orders against the defendants in fact, which similarity and pattern exceed coincidence.
“The subject matter of both suits is the National Convention of the Peoples Democratic Party (PDP), which is a domestic dispute and internal matter of the party.
“The orders made ex parte by His Lordship, when there was no real urgency, touched directly on and determined the main substance of the suit at such a preliminary and interim stage.
“The said orders against the defendants were made several days after the receipt of the letter of protest by the 5th to 25th defendants, and a second letter protesting the assignment of the matter to His Lordship.
“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 the judicial proceedings will be better preserved by directing a reassignment,” they added.
Meanwhile, the court held that the motion for recusal of the judge was not ripe for hearing, as some of the parties had not yet been served with the process.
It, therefore, adjourned the case till next year.
It will be recalled that the substantive suit, marked FHC/ABJ/CS/2501/2025, was brought before the court by the Acting National Chairman and National Secretary of Wike’s bloc, Mohammed Abdulrahman and Senator Samuel Anyanwu, respectively.
