The Peoples Democratic Party (PDP) has announced the withdrawal of its suit against the Nigeria Police Force over the blockade and occupation of its national secretariat, citing deep concerns about judicial impartiality in the handling of the case.
In a statement on Wednesday, the party said it filed a notice of discontinuance in suit number FHC/ABJ/CS/2520/2025, which it instituted at the Federal High Court, Abuja, seeking an order compelling the police to remove the blockade, vacate the party’s secretariat and hand it over to the legitimately elected leadership of the PDP.
The case was assigned by the Chief Judge of the Federal High Court to Justice Joyce Abdulmalik. The PDP noted that prior to the assignment, it had written to the Chief Judge to complain about what it described as the “obvious partiality” of three judges of the Abuja Division of the court, expressing a complete loss of confidence in their ability to fairly adjudicate matters involving the party.
Despite the petition, the party said the case was still assigned to Justice Abdulmalik.
Upon appearance in court, the PDP disclosed that it filed a motion requesting the judge to recuse herself and return the case file to the Chief Judge for reassignment.
According to the party, rather than hear and rule on the recusal application as a preliminary matter, Justice Abdulmalik ruled that all pending motions, including the application for her recusal, would be taken together with the substantive case and determined at the point of judgment.
The PDP said this decision undermined its right to fair hearing, having already expressed its lack of confidence in the court’s impartiality.
Consequently, the party said it exercised its right under Order 50 Rule 2(1) of the Federal High Court (Civil Procedure) Rules, 2019, to discontinue the suit without leave of court within 14 days of receiving the statement of defence of the last defendant. It stated that its notice of discontinuance was filed three days after the last statement of defence was served, well within the provisions of the rules.
However, the PDP alleged that after its counsel informed the court of the discontinuance and cited the relevant rules, the judge listened to arguments from all counsel and proceeded to dismiss the suit instead of striking it out, a decision the party said further heightened its fears about the court’s impartiality.
Reaffirming its respect for the judiciary, the PDP urged judges to remain independent and non-partisan, quoting former Supreme Court Justice Niki Tobi on the need for judges to maintain a clear distance from politics and politicians in order to safeguard 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 party said.
The statement was signed by Comrade Ini Ememobong, National Publicity Secretary of the Peoples Democratic Party.
