The Chief Judge of the Federal High Court, Justice John Tsoho, has received a renewed application seeking the transfer and reassignment of the cybercrime case involving child rights activist and Convener of Operation Save Nigerian Children, Comrade Ighorhiohwunu Aghogho, following clarifications by the National Judicial Council (NJC) that only the Chief Judge has the sole authority to transfer or reassign pending cases within the court.
The fresh application, dated July 1, 2026, was filed by Aghogho’s counsel, Andrew N. Elekeokwuri, urging the Chief Judge to move Charge No. FHC/WR/92C/2022 from the Warri Judicial Division to another division of the Federal High Court for reassignment to a judge of coordinate jurisdiction.
According to the defence, the renewed request is anchored on certified correspondence from the NJC, which expressly stated that the Council lacks the power to transfer pending matters and that such administrative authority resides exclusively with the Chief Judge of the Federal High Court.
The application follows an earlier request filed on February 9, 2026, in which the defence cited what it described as exceptional circumstances surrounding proceedings before Justice H. A. Nganjiwa.
Among the issues raised were the alleged denial of the defendant’s constitutional right of access to court and the continued failure to hear a Notice of Preliminary Objection filed on October 3, 2025, challenging both the court’s jurisdiction and the competence of the prosecution.
Counsel argued that the unresolved objection raises significant constitutional questions, particularly on whether the prosecution was lawfully instituted under the Cybercrimes (Prohibition, Prevention, etc.) Act.
The defence maintained that, pursuant to Section 174 of the 1999 Constitution, the authority to initiate such criminal proceedings lies exclusively with the Attorney-General of the Federation.
It also referenced the Statement of Defence filed by the Attorney-General before the ECOWAS Court of Justice in Suit No. ECW/CCJ/APP/28/25 on July 31, 2025, in which the Federal Government reportedly stated that the Attorney-General neither initiated nor authorised the prosecution in Charge No. FHC/WR/92C/2022.
According to the defence, that position raises serious constitutional concerns regarding the competence of the pending criminal proceedings and reinforces the need for an urgent determination of the jurisdictional challenge.
The application further stated that proceedings in the matter have remained effectively stalled since Aghogho’s bail was revoked on June 16, 2025.
It noted that during proceedings on February 16, 2026, Justice Nganjiwa informed counsel in open court that petitions relating to the matter had been lodged before the National Judicial Council and that issues concerning the case had also arisen before the ECOWAS Court.
The judge reportedly stated that he would await directives from the Chief Judge of the Federal High Court and the Chief Justice of Nigeria, or the withdrawal of the petitions, before taking further action on the case.
The defence added that every subsequent appearance of the matter on the cause list, including on June 30, 2026, has carried the notation that the case is “awaiting the Chief Judge’s response,” with no substantive proceedings conducted.
Central to the renewed application is a letter dated June 29, 2026, signed by the Secretary to the National Judicial Council, Ahmed Gambo Saleh, on the directive of the Chief Justice of Nigeria and Chairman of the Council.
The correspondence reportedly enclosed Certified True Copies of earlier communications after previous letters could not be delivered by a courier service.
Among the documents were letters dated March 6 and April 8, 2026, which, according to the defence, clearly affirmed that only the Chief Judge possesses the sole administrative authority to transfer or reassign pending cases within the Federal High Court.
The legal team argued that the NJC’s clarification removes every uncertainty surrounding the issue and places the responsibility for deciding the transfer request squarely on the office of the Chief Judge.
Despite the clarification, no administrative decision has yet been announced, leaving the matter pending in the Warri Judicial Division and Aghogho’s Preliminary Objection unresolved.
The defence contended that the prolonged delay undermines constitutional guarantees of personal liberty and fair hearing within a reasonable time as enshrined in Sections 35 and 36 of the Constitution.
It therefore urged Justice Tsoho to exercise his administrative powers and transfer the matter to another judicial division for the hearing and determination of all pending applications.
The case is scheduled to come up again on July 15, 2026, with the cause list reportedly indicating that it remains “awaiting the Chief Judge’s response.”
As of the time of filing this report, no public decision had been announced on the renewed application.