A lawyer to Sunny Ogbeide, popularly known as Aghogo, M. C. Elekeokwuri, has petitioned the National Judicial Council (NJC) over what he described as an unexplained delay in the handling of his client’s detention case, alleging that the delay has prolonged his client’s incarceration and undermined constitutional guarantees of personal liberty and a fair hearing.
In the petition, Elekeokwuri urged the NJC to urgently intervene in the matter involving the administrative handling of Aghogo’s case, which is before the Federal High Court, expressing concern over the role of the Chief Judge of the Federal High Court, Justice John Tsoho, in the implementation of the Council’s directives relating to the case.
The lawyer argued that the continued delay appears inconsistent with the provisions of Section 396 of the Administration of Criminal Justice Act (ACJA), 2015, which requires criminal trials to proceed expeditiously. He also cited Sections 35 and 36 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), which guarantee the rights to personal liberty and a fair hearing within a reasonable time.
Elekeokwuri specifically requested the NJC to confirm whether its decision on Petition Reference No. NJC/F.2/CA.71/1/88 had been fully communicated to and implemented by the Federal High Court. According to him, despite the Council’s previous correspondence, representations were allegedly made in open court that the petition was still under investigation, creating uncertainty over its status and further delaying proceedings.
The petition also urged the Council to clarify whether any investigation concerning the petition remains pending, determine the circumstances surrounding the representation made in court that the matter was still under investigation, and ascertain whether any administrative failure occurred in implementing the Council’s correspondence.
Elekeokwuri further called on the NJC to take appropriate administrative measures to ensure that the application seeking the administrative transfer of Aghogo’s case is determined without further delay, insisting that justice cannot be served where administrative processes unnecessarily prolong the detention of an accused person.
As part of the reliefs sought, the lawyer requested Certified True Copies of all correspondence issued by the NJC concerning Petition Reference No. NJC/F.2/CA.71/1/88 to both the Chief Judge of the Federal High Court, Justice John Tsoho, and the Presiding Judge of the Federal High Court, Warri Judicial Division.
While expressing confidence in the National Judicial Council’s commitment to preserving the integrity, independence, transparency and accountability of the judiciary, Elekeokwuri urged the Council to accord the petition urgent attention, stressing that Aghogo’s continued detention raises serious constitutional concerns over access to justice, fair hearing and the efficient administration of criminal justice.
The petition adds a fresh dimension to the legal battle surrounding Aghogo’s detention and places renewed focus on the judiciary’s responsibility to ensure that criminal proceedings are conducted without undue delay, in line with constitutional and statutory safeguards.