A Federal High Court in Abuja has scheduled a hearing for January 23 in the application for stay of further proceedings filed by the Kabiru Turaki-led leadership of the Peoples Democratic Party (PDP) against a suit by a faction of the party loyal to the Minister of the Federal Capital Territory (FCT), Nyesom Wike.
Justice Joyce Abdulmalik chose the date on Monday after she turned down a request by plaintiffs’ lawyer, Onyechi Ikpeazu (SAN), to be allowed to reply on a point of law orally.
Justice Abdulmalik said it is not her practice to take lawyers’ submissions on a long hand and ordered Ikpeazu to file a formal response.
The other faction of the PDP and its acting National Chairman, Alhaji Mohammed Abdulrahman, alongside Senator Samuel Anyanwu, had filed the suit, marked: FHC/ABJ/CS/2501/2025.
They are seeking, among others, an order of injunction, restraining the Turaki-led leadership (5th to 25 defendants) from parading themselves as representatives of the PDP in any capacity whatsoever.
The plaintiffs equally want the court to stop the Nigeria Police Force (NPF) and the Department of State Services (DSS) from allowing Turaki-led leadership access to the party’s national secretariat at Wadara Plaza in Abuja.
They also want an order of injunction, restraining the Independent National Electoral Commission (INEC) from accepting any other office address or any other address from the Turaki-led leadership as the PDP’s office address other than as already contained in the commission’s records, among other reliefs.
The plaintiffs seek an order declaring that INEC, the police, and the DSS are constitutionally bound to enforce and give full effect to the decisions of the Federal High Court in the earlier judgments and rulings delivered by Justice James Omotosho and Justice Peter Lifu (also of the Federal High Court, Abuja) on the last national convention of the party held in Ibadan.
At the last proceedings on December 5, Justice Abdulmalik ordered parties not to take any action pending the hearing and determination of the suit, a decision the Turaki-led PDP appealed at the Court of Appeal.
When the case was called on Wednesday, Ikpeazu reminded the court that the matter was adjourned for the hearing of all pending applications.
Lawyer to the Turaki-led faction of the PDP, Chris Uche (SAN), told the court that his client appealed the decision made by the court on December 5 and that the appeal has been entered, records transmitted, and an appeal number assigned.
Uche said, “We filed an appeal against my lord’s decision, and we have a duty to report to your lordship that that appeal has now been entered in the Court of Appeal numbered: CA/ABJ/CV/1770/2025.
“We have also filed an affidavit of facts of entering the appeal in order to bring to your knowledge the entry of the appeal.
“Records have been fully transmitted, and the plaintiffs are very much aware and have taken steps to file processes in the appeal,” he said.
Uche, who said the processes were already before the court, added that a motion for stay of further proceedings in the suit pending the appeal had also been filed.
According to him, it is trite and beyond dispute that once an appeal has been entered, the trial court is ceased to take further proceedings or further hearing in the suit.
He prayed the court to stay proceedings pending the determination of their appeal and urged the court to adjourn the matter sine die (indefinitely).
Ikpeazu argued against Uche’s request for a stay of further proceedings.
He urged the court to proceed with the proceedings, having earlier made an order to take all the pending applications.
When asked by the judge if he had been served with the application for stay and whether he had filed a response, Ikpeazu said he had only served the previous day.
He elected to reply orally only on the point of law, a choice the judge rejected, ordered him to file a formal response, and adjourned till January 23 for the hearing of the application for stay of proceedings.
