Justice Joyce Abdulmalik of a Federal High Court in Abuja, on Friday halted hearing in the suit challenging the Kabiru Turaki-led national executive of the Peoples Democratic Party (PDP).
But National Chairman of PDP, Turaki, on Friday offered reasons why the party withdrew its case before Justice Abdulmalik of the Federal High Court in Abuja.
This was as a major political realignment unfolded in Akwa Ibom State on Friday as the immediate past National Legal Adviser of the PDP, Barrister Emmanuel Enoidem, formally defected to the All Progressives Congress (APC), a move widely seen as cementing an emerging unity pact between Governor Umo Eno and Senate President Godswill Akpabio.
Justice Abdulmalik, halted further hearing in the suit filed by a faction of the PDP loyal to the Minister of the Federal Capital Territory (FCT), Nyesom Wike, pending the determination of the case at the Court of Appeal, Abuja.
The Wike faction led by its acting National Chairman, Mohammed Abdulrahman and acting National Secretary, Samuel Anyanwu, had dragged the Turaki-led national executive to court; seeking an order of injunction, restraining them from parading themselves as representatives of the PDP in any capacity whatsoever.
At the resumed hearing of the case on Friday, Chief Chris Uche, SAN, who represented the respondents applied to withdraw their earlier application for stay of proceedings.
Since the application was not opposed by plaintiffs’ counsel, Chief Onyeachi Ikpeazu, SAN, the application was subsequently struck out by the judge.
Speaking further, the respondents’ lawyer informed the judge that the record of appeal has been entered at the appellate court, urging the judge to adjourn hearing of the suit indefinitely to allow the court of appeal determine their appeal.
He argued that after the record of appeal has been entered that the court below lacks the jurisdiction to hear the matter.
But Ikpeazu, who objected to the application asking the court to adjourn sine-die, urged the judge to decline the request on the ground that the defence application was not supported by an affidavit of facts.
Arguing on point of law, Uche cited relevant authorities to support his argument that the entry of an appeal transfers jurisdiction from the lower court to the appellate court.
In a short ruling Justice Abdulmalik agreed with the submission made by defence counsel and adjourned to February 20, pending the determination of the appeal.
The Wike camp in the suit marked: FHC/ABJ/CS/2501/2025, are also praying the court to stop the police and Department of State Services (DSS) from allowing the Turaki faction access to the party’s national secretariat at Wadata Plaza in Abuja.
Besides, they sought an order of injunction, restraining the Independent National Electoral Commission (INEC) from accepting any other office address or any other address from the Turaki faction as the PDP’s office address other than as already contained in the commission’s records, among other reliefs.
The plaintiffs prayed the court to declare that INEC, police and the DSS are constitutionally bound to enforce and give full effect to the decisions of the Federal High Court in the judgements and ruling delivered by Justice James Omotosho and Justice Peter Lifu.
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 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 Appeal Court.
Meanwhile, in a statement by the PDP National Publicity Secretary, Ini Ememobong, quoting the national chairman said, ”Today, we filed a notice of discontinuance in suit FHC/ABJ/CS/2520/2025, which we filed against the Nigeria Police seeking an order of the court directing the police to remove their blockade, vacate our secretariat, and hand same over to us, as the legitimately elected leadership of the party.”
According to Turaki who is a Senior Advocate of Nigeria, ”This case was assigned by the Chief Judge of the Federal High Court to Justice Joyce Abdulmalik. Before this suit, we had earlier written to the Chief Judge complaining about the obvious partiality of three out of the 12 judges of the Federal High Court in Abuja.
”In the said letter, we had exhaustively expressed our doubt and complete lack of faith in their capacity to fairly dispense justice in matters where PDP is involved.
”Despite this information, the Chief Judge still assigned our case to her. When we appeared in the matter, we filed a motion for recusal asking that Justice Abdulmalik recuses herself from the matter and return the file to the CJ for reassignment.
”Rather than do the needful which is to take the motion, and rule on it, the judge ruled that she will manage the case in a way convenient for her, which is to take the all motions (including the motion for recusal) alongside the hearing of the case and at the point of judgement, give her ruling on the motion for recusal before the judgement.
”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,” Turaki stated.
He explained further, “To this end, we filed a notice of discontinuance as provided for in Order 50 Rule 2(1) of the Federal High Court (Civil Procedure) Rules 2019, which entitles a plaintiff to withdraw a suit without the leave of the court within fourteen days of the receipt of the last defendant’s statement of defence. It is on record that we filed the notice of discontinuance three days after the statement of defence of the last defendant was filed and served, therefore being securely within the provisions of the rules.
”Today, after our counsel informed the court of our intention to discontinue citing the relevant rules, the judge listened to arguments by all the counsel in the matter and ruled, dismissing instead of striking out our case.
”This again exacerbates our party’s subsisting fear about the impartiality of the court.
“We will continue to have respect for our judges and the judiciary generally, which is why we want to sincerely remind them of the immortal advice of Justice Niki Tobi JSC (as he then was), “the need for Nigerian judges to maintain a very big distance from politics and politicians. Our constitution forbids any mingling.
”As judges, we must obey the constitution. The two professions do not meet and will never meet at all in our democracy in the discharge of their functions… the expressions, politician and Judge are opposites, so to say, in their functional contents… their waters must never meet in the same way Rivers Niger and Benue meet at the confluence in Lokoja.
”If they meet, the victim will be democracy most of the time, and that will be bad for sovereign Nigeria… and so judges should, on no account, dance to the music played by politicians because it will completely destroy their role as independent umpires in the judicial process.”
”It is our prayer that politics and justice do not meet and that our judges do not dance to the drum beats of politicians,” he stressed.
In another development, Enoidem’s defection was formally communicated to Akpabio when Governor Eno led a high-powered delegation of political leaders to the Senate President’s residence in Uyo, marking a symbolic rapprochement between former political rivals and underscoring a deliberate effort to de-escalate partisan tensions in the state.
A long-time associate of Akpabio, Enoidem served for eight years as commissioner during Akpabio’s tenure as governor before rising to national prominence as PDP National Legal Adviser.
Both men, however, later fell out politically and contested against each other during the last Akwa Ibom North West senatorial election.
Addressing the delegation, Akpabio, according to a statement by his Media Office on Friday, commended Eno for what he described as sustained efforts to foster peace and bipartisan cooperation, stressing that political engagement must go beyond electoral contests.
Akpabio said, “No price is too high to pay for peace and unity to reign in Akwa Ibom.
“This is not just about winning elections; it is about preserving stability and accelerating development.”
In the statement by his Special Assistant on Media and Communication, Anietie Ekong, the Senate President recalled past episodes of political violence in the state to underline the necessity of reconciliation.
“People may think you are wasting time reconciling politicians, but you are quenching the fire before it starts,” Akpabio said.
He recounted how hundreds of vehicles and campaign assets were destroyed during previous election cycles.
Eno said the visit was to formally notify Akpabio of Enoidem’s decision to join the APC, describing the defection as part of a broader consensus among political stakeholders to prioritise Akwa Ibom’s collective interest over partisan differences.
Eno said, “There are political stories in this state that cannot be told without Senator Akpabio.
“We have agreed to work together for the peace, stability and progress of Akwa Ibom.”
He disclosed that the consensus includes support for President Tinubu’s administration and backing Akpabio’s return to the Senate and continued leadership of the National Assembly.
Speaking at the event, Enoidem described Governor Eno as a “great unifier” and acknowledged Akpabio as his political leader, despite past disagreements.
“I am joining the APC in the interest of peace, unity and development,” he said, adding that he was ready to work for Akpabio’s return to the Senate.
Enoidem is expected to be formally received into the APC at a rally scheduled in Utu Etim Ekpo, Etim Ekpo Local Government Area.
Chuks Okocha, Alex Enumah and Sunday Aborisade
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