The People’s Democratic Party (PDP) has said the judgment of Justice Joyce Abdulmalik of the Federal High Court, on its leadership tussle, “Its 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.”
PDP, in a statement by the National Publicity Secretary, Ini Emembong, said it 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,” the party said.
PDP stated that when it filed a motion for recusal asking that Justice Abdulmalik recuse herself from the matter and return the file to the CJ for reassignment, but said that rather than doing the needful, “the judge ruled that she will manage the case in a way convenient for her.”
The party disclosed that it 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 14 days of the receipt of the last defendant’s statement of defence.
According to the PDP, the notice of discontinuance met the three days after the statement of defence of the last defendant was filed and served, “therefore being securely within the provisions of the rules.”
It expressed surprise that after its counsel informed the court of the 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.”
PDP called on the judges and the judiciary “to maintain a very big distance from politics and politicians.”
It added that Nigeria’s constitution forbids any mingling between justices and politicians.

