The Peoples Democratic Party (PDP) has clarified the reasons behind its decision to withdraw a lawsuit filed against the Nigeria Police Force, which challenged the alleged sealing and takeover of its national secretariat. The party cited concerns about the neutrality of the Federal High Court judge assigned to the case.
In a statement released on Thursday by its National Publicity Secretary, Comrade Ini Ememobong, the PDP announced that it had filed a notice of discontinuance in Suit No: FHC/ABJ/CS/2520/2025, which it instituted against the police authorities.
The party explained that the legal action was intended to compel the police to vacate its national headquarters and restore possession to what it described as the duly elected leadership of the party.
According to the PDP, the Chief Judge of the Federal High Court assigned the case to Justice Joyce Abdulmalik, despite an earlier petition submitted by the party expressing serious concerns over the alleged lack of impartiality of three judges within the Abuja Division of the court in cases involving the PDP.
The party stated that in the petition, it had “clearly and comprehensively expressed our doubts and total lack of confidence in their ability to deliver fair and unbiased judgments in matters concerning the PDP.”
Following the assignment, the PDP said it promptly filed an application requesting Justice Abdulmalik to recuse herself and forward the case file back to the Chief Judge for reassignment.
However, the party alleged that instead of first addressing the recusal request, the judge indicated that she would consider all pending applications — including the recusal motion — together with the main suit and deliver her ruling at the final judgment stage.
“This approach, in our opinion, undermines the principle of fair hearing, especially given our publicly stated lack of trust in her ability to fairly adjudicate on this matter or any other involving the PDP,” the statement noted.
The party further disclosed that it subsequently exercised its legal right under Order 50 Rule 2(1) of the Federal High Court (Civil Procedure) Rules, 2019, to discontinue the suit without seeking the court’s permission.
It explained that the notice of discontinuance was filed within three days after the last defendant submitted their statement of defence, well within the 14-day period stipulated by law.
The PDP also raised concerns over the court’s response after its counsel officially informed the judge of the withdrawal.
“After our legal team informed the court of our decision to discontinue the case and cited the relevant rules, the judge heard arguments from all parties and proceeded to dismiss the suit rather than strike it out,” the party stated.
According to the PDP, this action further deepened its apprehension regarding the court’s impartiality.
While reiterating its respect for the judiciary, the party cautioned against the intrusion of political influence into judicial processes.
Quoting late Supreme Court Justice, Niki Tobi, the PDP emphasized the need for judicial independence, warning that judges must not yield to political pressure in a democratic system.
“It remains our earnest prayer that politics and justice never intersect, and that members of the bench do not succumb to the influence of politicians,” the statement concluded.
The PDP did not indicate whether it plans to refile the case before another court but maintained that its withdrawal was solely to protect the principles of fair hearing and judicial neutrality.
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