The decision on the request to reassign the case now awaits a formal filing by Falana, allowing the court to deliberate on the matter.
Abuja, October 30, 2024 — The Chief Judge of the Federal High Court, Honourable Justice John Tsoho, has directed prominent human rights lawyer, Femi Falana, SAN, to formally submit a Motion on Notice to support his request to reassign a legal case involving the Rivers State Independent Electoral Commission (RSIEC) to the Port Harcourt Judicial Division.
Falana, representing RSIEC and retired Justice Adolphus Enebeli, had initially petitioned for the case, currently under the jurisdiction of the Abuja Division, to be transferred to Port Harcourt.
The case, numbered FHC/ABJ/CS/984/2024, is concerned with matters related to RSIEC and allegedly involves funds belonging to the 10th defendant, which are reportedly held by the 1st, 2nd, and 3rd defendants. Falana argued that the Rivers State Judicial Division of the Federal High Court would be the appropriate venue, as it holds territorial jurisdiction over the issues at hand.
In his initial submission, Falana argued that maintaining the case in Abuja contradicts the Federal High Court Act and procedural rules, which dictate that cases be heard within the territorial jurisdiction relevant to the parties involved. He stated that filing the case in Port Harcourt, the residence of the defendants, would ensure a fair trial.
In response, Joshua Ibrahim Aji, Esq., the Special Assistant to the Chief Judge, conveyed Justice Tsoho’s directive. According to Aji’s letter, a Motion on Notice is required to give the presiding judge the opportunity to consider the reasons behind the reassignment request and to issue a formal ruling.
The letter reads in part, “I am directed by His Lordship, the Honourable, The Chief Judge to inform you that this application should be judicially made by Motion on Notice, so that the Judge is afforded an opportunity to know the reasons for it and deliver a ruling accordingly.”
The decision on the request to reassign the case now awaits a formal filing by Falana, allowing the court to deliberate on the matter.
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