The Federal High Court sitting in Abuja, has restrained the leadership of the Peoples Democratic Party (PDP) led by Kabiru Turaki, SAN from gaining access into the Wadata Plaza national secretariat of the party in Abuja.
The trial judge, Justice Joyce Abdulmalik made the order on Monday, while delivering judgment in a suit filed by a faction of the party loyal to the Minister of the Federal Capital Territory (FCT), Nyesom Wike.
The judge also ordered security agencies, including the Nigerian Police Force (NPF), Department of State Services (DSS), among others, to give adequate protection to Wike-led faction of the PDP while accessing the secretariat.
Justice Abdulmalik held that the purported national convention held by the Turaki-led faction on November 15 and 16, 2025 in Ibadan, the Oyo state capital and the election of party officials, against the valid court orders, was a nullity.
She said the convention violated Section 287(3) of the 1999 Constitution of the Federal Republic of Nigeria (as amended), as well as the PDP’s constitution.
The judge described the expulsion of Wike and his allies from the party during the November 2025 convention as an affront to the order of court.
“I considered the expulsion of the members of the plaintiffs as not only an affront to the subsisting judgement, but also a direct assault to a democratic and principled society,” the judge held and added that, such action had no place where the rule of law is in practice.
According to the judge, all proceedings, resolutions and decisions taken at the said convention, including the suspension of members of the 1st plaintiff, were unconstitutional, unlawful, null and void, and of no effect.
A faction of the PDP in the camp of the FCT minister, led by its acting National Chairman, Alhaji Mohammed Abdulrahman, had filed the suit, where-in, the PDP, Abdulrahman and Sen. Sameul Anyanwu, the factional National Secretary, had prayed the court to stop the police and DSS from allowing Turaki-led leadership (5th to 25th defendants) access to the party’s national secretariat at Wadata Plaza in Abuja.
They also sought an order of injunction, restraining 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.
They sought an order of injunction, restraining the Turaki leadership (5th to 25 defendants) from parading themselves as representatives of the PDP in any capacity whatsoever, among other reliefs.
Justice Abdulmalik had earlier granted an ex-parte motion brought by the plaintiffs directing parties not to take any action pending the hearing and determination of the suit.
Following the order, the Turaki-led chairman of the PDP challenged the decision at the Court of Appeal.
They also filed an application for the court to stay proceedings in the suit pending the decision of the Court of Appeal.
The Turaki faction, through their lawyer, equally filed a motion on notice asking Justice Abdulmalik to recuse (withdraw) herself from the case on the ground that, there was reasonable and well-founded apprehension of likelihood of bias against them in the manner the suit had been handled by the judge.
Delivering the judgment, Justice Abdulmalik held that, in line with the Constitution and other enabling statutes, including earlier judgments, the court would not shy away from its duty to do what is just in the circumstances.
The judge said, the the main determinant of the case is Section 287(3) of the Constitution, which provides that the decisions of the Federal High Court and other courts established by the Constitution shall be enforced by all authorities and persons across the federation.
She observed that, “in spite of the judgments which have not been set aside, the 5th to 25th defendants went ahead and organised the convention”, adding that, those same judgments had also been affirmed by the Court of Appeal.
The judge further held that a party’s Constitution is meant to be followed by its members, hence, the issues raised in the originating summons by the plaintiffs were meritorious and granted the declaratory and injunctive reliefs sought.
“The defendants are bound to comply with and give full effect to the subsisting judgments of the Federal High Court earlier referred to.
“The 1st to 4th defendants are not entitled to recognise or give effect, in any manner whatsoever, to the purported national convention held on 15 and 16 November, 2025 by the 5th to 25th defendants and their associates.
“The purported convention, including the election of officers and suspension of members, is unconstitutional, null and void, ” she ruled.
Justice Abdulmalik said the plaintiffs (Wike faction) are entitled to remain in office and continue to use the party’s national secretariat and properties.
On the application filed for the judge to recuse herself from the case, Justice Abdulmalik held that the Turaki-led faction failed to substantiate the argument with evidence that the court was biased and held that allegations of bias must be proven with credible evidence, not mere suspicion.
The judge observed that claims of a “likelihood of bias” are “a state of mind, incapable of precise definition,” and must be supported by “cogent and credible evidence.”
The judge said she found no shred of evidence to justify the allegation and stressed that the mere grant of ex-parte order did not amount to bias.
On the request to transfer the case back to the Chief Judge for reassignment, she held that the power to assign cases lies with the Chief Judge and that it is “not the place of counsel to determine which judge will hear and determine their case.”
Justice Abdulmalik further stated that any dissatisfaction with her decisions is a matter for appeal, not recusal, and consequently refused the application for lacking in merit.
On the motion challenging the competence of the suit, the judge also declined to strike out the case and rejected the arguments that the court lacked jurisdiction and that the plaintiffs had no locus standi (legal right).
The defendants had argued that the dispute was purely an internal party affair, an abuse of court process, and that the plaintiffs lacked the legal right to institute the suit.
In her decision, the judge held that jurisdiction is the lifewire and pillar upon which any matter can be determined and must be assessed based on the originating processes.
She found that the claims involved the interpretation and enforcement of constitutional and statutory provisions, as well as compliance with earlier court judgments. She, agreed with the plaintiffs that the suit was within the court’s jurisdiction.
The judge, who held that the objections raised by the defendants lacked merit, dismissed the application in its entirety.
It would be recalled that, Justice James Omotosho and Justice Peter Lifu of the Federal High Court in Abuja, had in separate judgments delivered last year, barred the PDP leadership led by Turaki from holding its national convention.
Despite these rulings, the Turaki-led faction proceeded with the convention which produced Turaki as national chairman of the party, alongside other national officers.
Apart from electing the party’s National Working Committee (NWC), the convention also suspended some allies of the FCT minister over alleged anti-party activities.
END
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