Renowned Nigerian human rights attorney Femi Falana, SAN, has reached out to Chief Judge of the Federal High Court, Honourable John Tsoho, advocating for the reassignment of a legal matter involving the Rivers State Independent Electoral Commission (RSIEC). Falana is representing the RSIEC and retired Justice Adolphus Enebeli in the lawsuit designated FHC/ABJ/CS/984/2024. He contends that the case should be relocated to the Rivers State Judicial Division of the Federal High Court, as it holds the appropriate territorial jurisdiction for this issue.
In his correspondence, Falana emphasized that the current case, which is being handled by the Abuja Division of the Federal High Court, contravenes the Federal High Court Act and relevant court regulations regarding where cases should be initiated. He argues that the suit should have originated in Port Harcourt, where the defendants are based, rather than in Abuja.
The legal contention revolves around matters pertaining to the Rivers State electoral authority, and Falana insists that transferring the case to the correct jurisdiction is vital for ensuring a fair hearing. In his letter, he stated, “We act as Solicitors to the 7th Defendant (Rivers State Electoral Commission) and the 9th Defendant (Adolphus Enebeli) in this case, and write this letter on their behalf.”
Falana further noted that the case was initially assigned to Hon. Justice Nwite of the Abuja Judicial Division but has since been reassigned to Honourable Justice Abdulmalik within the same division. He requested that the case be redirected to one of the three judges in the Port Harcourt Judicial Division of the Federal High Court, which possesses the necessary jurisdiction to adjudicate the matter.
He pointed out that the first, second, and third defendants have offices located in Port Harcourt, while the other involved parties reside there as well. Falana referenced a previous decision by the Chief Judge, where in October 2022, 68 cases against the Independent National Electoral Commission and the Labour Party were moved from Abuja to the Lagos Judicial Division because the causes of action arose there.
Additionally, he recalled a May 2024 ruling that approved the transfer of a case filed by Senator Jimoh Ibrahim concerning the nomination of Ondo State Governor Lucky Aiyedatiwa as the All Progressives Congress (APC) candidate for the November 16 gubernatorial election. That case was similarly shifted from Abuja to Akure, Ondo State, based on the location of the cause of action and the residency of the involved parties.
Falana’s request also stems from concerns about potential bias in the Abuja Judicial Division, particularly given that the Honourable Minister of the Federal Capital Territory, Mr. Nyesom Wike—an interested party in this case—has announced plans to construct housing for judges in the Katampe District. The Minister indicated that he would allocate approximately 10 out of 40 proposed houses to judges of the Federal High Court in Abuja.
Falana noted, “Your Lordship will agree that the act of constructing houses for judges by the Executive contradicts Sections 81 and 121(3) of the Nigerian Constitution, which guarantees the financial autonomy of the judiciary.” He added that the budget for the judiciary has increased from N168 billion to N345 billion in the 2024 Appropriation Act, and it falls under the National Judicial Council’s purview to provide housing for judges.
He further argued, “Our clients believe that the Minister’s decision to provide housing for judges could unduly influence the case’s outcome, contrary to Section 36(1) of the Constitution, which ensures the independence and impartiality of courts and tribunals.”
Falana referenced the case of Abiola v Federal Republic of Nigeria, where the Supreme Court granted a request for nine justices to recuse themselves from hearing a bail application, given their previous libel suit against the applicant. He stated that the potential for bias must be avoided to maintain public confidence in the judicial system, stressing that the test for impartiality is objective and should not depend on the judge’s or public perception.
In closing, Falana reiterated his request for the case to be reassigned to the Rivers State Judicial Division of the Federal High Court, emphasizing the importance of judicial independence and separation of powers in the current political climate in Nigeria. He expressed hope that his colleagues would support this request, aligning with their collective commitment to these principles.
As he awaits a response, Falana extended his respectful regards to the Chief Judge.
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