PDP Explains Decision to Withdraw Lawsuit Against Police Before Justice Abdulmalik

The Peoples Democratic Party (PDP) has explained the reasons behind its decision to withdraw a suit it instituted against the Nigeria Police Force at the Federal High Court, Abuja.

The explanation was contained in a press statement issued on Friday, signed by the PDP National Publicity Secretary, Comrade Ini Ememobong.

The party said it filed a notice of discontinuance in suit number FHC/ABJ/CS/2520/2025, which sought an order compelling the police to remove their blockade, vacate the PDP national secretariat, and hand it over to what the party described as its legitimately elected leadership.

“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,” the statement read.

According to the PDP, the case was assigned by the Chief Judge of the Federal High Court to Justice Joyce Abdulmalik.

The party noted that prior to the assignment, it had written to the Chief Judge expressing concerns about what it described as “obvious partiality” of three judges of the court in matters involving the PDP, including Justice Abdulmalik, and stated that it lacked confidence in their ability to dispense justice fairly.

The party said that despite this complaint, the case was still assigned to Joyce Abdulmalik.

Upon appearance in court, the PDP filed a motion requesting the judge to recuse herself and return the case file to the Chief Judge for reassignment.

However, the party alleged that the judge declined to immediately hear and rule on the recusal motion, instead indicating that all pending applications, including the recusal request, would be taken together with the substantive suit and decided at the point of judgment.

“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 all motions, including the motion for recusal, alongside the hearing of the case and at the point of judgment, give her ruling on the motion for recusal before the judgment,” the statement said.

The PDP said this approach further eroded its confidence in the court, arguing that it amounted to a denial of fair hearing, given its expressed lack of trust in the judge’s impartiality in PDP-related matters.

“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,” it added.

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.

It explained that the notice of discontinuance was filed three days after the last defendant’s statement of defence was served, well within the 14-day window allowed by the rules.

However, the PDP expressed concern that when its counsel informed the court of the discontinuance and cited the relevant rules, the judge, after hearing arguments from counsel, dismissed the case instead of striking it out.

“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,” the statement read.

The party said this decision further reinforced its fears regarding the court’s impartiality.

While reiterating its respect for the judiciary, the PDP urged judges to remain strictly neutral and distant from politics.

It quoted former Supreme Court Justice, Niki Tobi, warning against any form of mingling between judges and politicians, stressing that such conduct could undermine democracy.

The statement concluded with a call for a clear separation between politics and justice, urging judges not to “dance to the drumbeats of politicians.”