Human rights lawyer Femi Falana, SAN, is advocating for the reassignment of a contentious case involving the Rivers State Independent Electoral Commission (RSIEC) to the Port Harcourt Judicial Division of the Federal High Court. The case is currently being heard in Abuja, which Falana argues is not the appropriate venue, given that the defendants reside in Port Harcourt.
During a recent session, Honourable John Tsoho, Chief Judge of the Federal High Court, requested a formal submission of Falana’s application through a Motion on Notice. This comes in the wake of Falana’s assertion that the case violates the Federal High Court Act and rules regarding the correct venue for legal proceedings.
In his letter, Falana noted that the case, filed under lawsuit number FHC/ABJ/CS/984/2024, pertains to financial matters concerning the Rivers State electoral body and that a fair trial hinges on moving the case to the proper jurisdiction. He stated, “We act as solicitors to the 7th (Rivers State Electoral Commission) and 9th Defendants (Adolphus Enebeli) in the above-mentioned suit, on whose instructions we write this letter.”
Falana highlighted that the case, originally assigned to Hon. Justice Nwite of the Abuja division, has since been moved to Hon. Justice Abdulmalik of the same division. He expressed his clients’ request for the case to be reassigned to one of the judges in Port Harcourt, which possesses the necessary territorial jurisdiction.
In response, Joshua Ibrahim Aji, the Special Assistant to the Chief Judge, informed Falana that a Motion on Notice is required for the application, enabling the judge to fully understand the request and issue a ruling accordingly. Aji’s letter underscored the importance of following proper legal procedures, stating, “This application should be judicially made by Motion on Notice, so that the Judge is afforded the opportunity to know the reasons for it and deliver a ruling accordingly.”
As this legal drama unfolds, the emphasis on jurisdiction raises significant questions about the integrity of the judicial process and the pursuit of justice in electoral matters in Rivers State.