The Kabiru Turaki-led Peoples Democratic Party (PDP) has asked Justice Joyce Abdulmalik to recuse herself from the suit filed against the leadership of the party.
The News Agency of Nigeria (NAN) reports that a faction of the party in the camp of the FCT Minister, Mr Nyesom Wike, led by its acting National Chairman, Alhaji Mohammed Abdulrahman, had filed the suit.
But the Turaki-led leadership of the party, in a motion on notice filed by a team of lawyers led by Chief Chris Uche, SAN, sought two prayers.
They sought “an order for his lordship, Justice Abdulmalik, to recuse himself from further presiding over or taking any further steps in this suit upon circumstances giving rise to reasonable apprehension that the 5th to 25th defendants/applicants will not receive a fair and impartial hearing before this court.
“An order of this honourable court remitting this suit to the Chief Judge of the Federal High Court for reassignment to another judge of the Federal High Court for determination on its merit.”
Giving twelve grounds why their application should be considered, Uche argued that the right to a fair hearing is constitutionally guaranteed under Section 36(1) of the 1999 Constitution (as amended), including the right to an impartial tribunal.
He argued that there exists a reasonable and well-founded apprehension of the likelihood of bias against his clients in the manner the suit had been handled by Justice Abdulmalik.
The senior lawyer said the 5th to 25th defendants/applicants, in the motion, had formally petitioned the Chief Judge of FHC, Justice John Tsoho, requesting that no case concerning the internal affairs or disputes of PDP be assigned to Justice Abdulmalik and two other judges of the Abuja judicial division to recuse themselves 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,” he said.
According to Uche, the suit, which was filed only on Nov. 21, got its way into His Lordship’s court, and on Nov. 25, the judge 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.
He said while giving the impression on paper that the prayers in the motion were being refused, yet the judge granted even more far-reaching orders against the defendants; in fact, the similarity and pattern exceed coincidence.
He said the subject matter of the two suits assigned to Justice Abdulmalik bordered on the PDP’s national convention, which is a domestic dispute and internal matter of the party.
He said the orders made ex parte by the judge when there was no real urgency touched directly on and determined the main substance of the suit at such a preliminary and interim stage.
He said the said orders against the defendants were made several days after the receipt of the letter of protest by his clients and a second letter protesting the assignment of the matter to the judge.
