The Federal High Court in Abuja has adjourned proceedings in the leadership tussle rocking the Peoples Democratic Party (PDP) to February 20, pending the resolution of an appeal before the Court of Appeal.
At Friday’s proceedings, counsel for the Kabiru Turaki-led faction, Chief Chris Uche, a Senior Advocate of Nigeria, urged the court to adjourn the matter sine die (indefinitely), arguing that an appeal had already been entered at the Court of Appeal and that the filing of the appeal had automatically stripped the trial court of jurisdiction.
However, counsel to the opposition faction, Dr. Onyechi Ikpeazu, a Senior Advocate of Nigeria, objected to the request, insisting that an application for adjournment sine die must be brought by a motion on notice supported by an affidavit, in accordance with Order 32 Rule 1 of the Federal High Court (Civil Procedure) Rules.
He maintained that the court has jurisdiction over the substantive originating summons and other pending applications challenging the court’s jurisdiction, all of which could be taken together.
In response, Uche contended that the cited rule was inapplicable in the circumstances of the case. He argued that once an appeal is entered, the only duty of an appellant is to draw the attention of the trial court to it, stressing that jurisdiction immediately shifts to the appellate court.
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According to him, it would be wrong for the court to proceed with the matter while the appeal remains pending.
In her ruling, Justice Abdulmalik noted that where a notice of appeal has been filed and transmitted to the Court of Appeal, the trial court must exercise restraint.
She consequently adjourned the matter to February 20, for mention, pending the outcome of the appeal.
The dispute stems from a suit earlier filed before the Federal High Court, marked FHC/ABJ/CS/2501/2025, by a faction of the PDP aligned with the Minister of the Federal Capital Territory, Nyesom Wike, against another faction led by Kabiru Turaki.
In the suit, the plaintiffs, who are represented by Ikpeazu, are seeking an injunction restraining the Turaki-led group from parading themselves as the leadership of the party.
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They are also asking the court to stop the police and the Department of State Services (DSS) from granting the Turaki faction access to the PDP national secretariat at Wadata Plaza, Abuja.
Additionally, the plaintiffs want the court to restrain the Independent National Electoral Commission (INEC) from accepting any address other than that provided by their faction as the party’s official office address, and to compel INEC, the police and the DSS to enforce earlier judgments of the Federal High Court delivered by Justices James Omotosho and Peter Lifu.
Justice Abdulmalik had earlier granted an ex-parte order restraining all parties from taking further steps pending the hearing of the suit.
Dissatisfied with that order, the Turaki-led faction filed an appeal at the Court of Appeal, alongside a motion seeking a stay of proceedings, and also asked the judge to recuse herself on grounds of alleged bias.