The Chief Judge of the Federal High Court, Honourable John Tsoho, has advised that a formal Motion on Notice be filed for human rights lawyer Femi Falana’s request to reassign a significant case involving the Rivers State Independent Electoral Commission (RSIEC).
Earlier, SaharaReporters detailed that Femi Falana, SAN, representing RSIEC and retired Justice Adolphus Enebeli in case FHC/ABJ/CS/984/2024, had proposed that the matter be transferred to the Federal High Court’s Rivers State Judicial Division, as this division holds territorial jurisdiction over the case.
Falana argued in his letter that holding the proceedings in the Abuja Division of the Federal High Court, as currently arranged, contravenes both the Federal High Court Act and procedural rules, which outline the proper jurisdiction for initiating cases.
The crux of Falana’s argument is that the case should have been filed in Port Harcourt, where the defendants reside, instead of Abuja. This legal dispute concerns RSIEC, and Falana asserts that the jurisdictional transfer is crucial to ensuring fairness in the trial.
In his statement, Falana clarified, “We represent the 7th Defendant (Rivers State Electoral Commission) and the 9th Defendant (Adolphus Enebeli) in this suit. Acting on their instructions, we submit this letter.”
Falana added that the suit, initially assigned to Justice Nwite of the Abuja Division, was subsequently reassigned to Honourable Justice Abdulmalik within the same division. However, he emphasized the importance of assigning the case to a judge in the Port Harcourt Judicial Division, which has the proper jurisdiction for this case.
Meanwhile, Joshua Ibrahim Aji, Esq., Special Assistant to the Chief Judge, replied to Falana, indicating that the reassignment application should be presented as a formal Motion on Notice. This step, Aji explained, would enable the presiding judge to fully review the grounds for the reassignment request and to provide an informed ruling.
In Aji’s words, “Request for Reassignment of Case File to a Judge in the Port Harcourt Judicial Division of the Federal High Court.” He noted that the application, which referenced Section 36(1) of the Nigerian Constitution and Order 49, Rule 2 of the Federal High Court Civil Procedure Rules, should be formally presented to allow the judge a chance to assess the rationale behind the request.
Aji concluded with, “Please accept the esteemed regards of the Honourable, The Chief Judge,” emphasizing the respectfulness and protocol followed in responding to Falana’s request.
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