PDP Withdraws Case After Judge ‘Refuses’ To Recuse Herself

The Peoples Democratic Party (PDP) has explained why it withdrew its suit against the Nigeria Police Force challenging the alleged blockade and takeover of its national secretariat, citing a lack of confidence in the impartiality of the Federal High Court handling the matter.

In a statement issued on Thursday by its National Publicity Secretary, Comrade Ini Ememobong, the PDP said it filed a notice of discontinuance in Suit No: FHC/ABJ/CS/2520/2025, which it had instituted against the police.

The party said the suit sought an order directing the police to vacate its national secretariat and hand it over to what it described as the legitimately elected leadership of the party.

According to the PDP, the case was assigned by the Chief Judge of the Federal High Court to Justice Joyce Abdulmalik, despite an earlier petition written by the party expressing concerns over the alleged partiality of three judges of the Abuja Division of the court in matters involving the PDP.

The party said it had, in the petition, “exhaustively expressed our doubt and complete lack of faith in their capacity to fairly dispense justice in matters where PDP is involved.”

Following the assignment, the PDP said it filed a motion requesting Justice Abdulmalik to recuse herself and return the case file to the Chief Judge for reassignment.

However, the party alleged that instead of first hearing and ruling on the recusal application, the judge stated that she would hear all pending applications, including the recusal motion, alongside the substantive suit and rule on them at judgment.

“This, in our view, defeats fair hearing, as we have indicated our complete loss of trust in her ability to be fair in the matter, or any other matter concerning the PDP,” the statement read.

The PDP said it subsequently exercised its right under Order 50 Rule 2(1) of the Federal High Court (Civil Procedure) Rules, 2019, to withdraw the suit without seeking the leave of court.

According to the party, the notice of discontinuance was filed three days after the statement of defence of the last defendant, well within the 14-day window allowed by the rules.

The party expressed further concern over the court’s response after its counsel informed the judge of the discontinuance.

“Today, after our counsel informed the court of our intention to discontinue, citing the relevant rules, the judge listened to arguments by all counsel in the matter and ruled, dismissing instead of striking out our case,” the PDP said.

It added that the action had “exacerbated our party’s subsisting fear about the impartiality of the court.”

Despite its grievances, the PDP said it maintains respect for the judiciary but warned against the intersection of politics and justice.

The party quoted the late Supreme Court Justice, Niki Tobi, who cautioned judges against political influence and stressed the need for judicial independence in a democracy.

“It is our prayer that politics and justice do not meet and that our judges do not dance to the drumbeats of politicians,” the statement said.

The PDP did not disclose whether it intends to refile the suit before another court, but insisted that its decision was guided by the need to safeguard fair hearing and judicial independence.