The legal team representing former House member, Dr Farah Dagogo, a federal lawmaker, has formally protested the relocation of his legal challenge against the federal government’s declaration of a State of Emergency in Rivers State.
The suit, originally filed in the Port Harcourt Division of the Federal High Court, has now been transferred to the Abuja Division following a directive from the attorney general of the federation.
On March 18, 2025, President Bola Ahmed Tinubu declared a State of Emergency in Rivers State, citing alleged security threats. The president further suspended the state’s democratically elected leadership and appointed Vice Admiral Ibok-Ete Ibas (Rtd.) as the state administrator.
In response, Dagogo initiated Suit No. FHC/PH/CS/50/2025 on April 9, 2025, challenging the constitutionality of the President’s actions. The suit names defendants the president of the Federal Republic of Nigeria, the president of the Senate, the Senate, the Speaker of the House of Representatives, and the appointed administrator.
The matter, presided over by Justice Turaki Mohammed, had been adjourned to May 26, 2025, for further proceedings.
However, before the scheduled date, the chief judge of the Federal High Court approved the attorney-general of the federation’s request to transfer the case to Abuja.
In a protest letter addressed to the chief judge and copied to the Presiding Judge of the Federal High Court in Port Harcourt, Dr Dagogo’s lead counsel, Chief Cosmas Enweluzo, SAN, criticised the transfer as a violation of judicial independence and due process.
The protest letter reads: “Your Lordship, allowing a party to dictate the forum of adjudication sets a dangerous precedent and erodes public confidence in the justice system.”
The legal team argued that the attorney-general, being a party to the suit through representation of the president, lacks the statutory authority to initiate or influence the transfer of a case from one judicial division to another. The letter emphasised that no party had filed an application before the court seeking a transfer based on legally permissible grounds, such as manifest injustice.
“The current development amounts to forum shopping and constitutes an abuse of court process,” the letter further stated.
The counsel reiterated that the Port Harcourt Division of the Federal High Court is the appropriate forum for adjudication, as the effects of the State of Emergency and the administrator’s actions are being felt in Rivers State. Moreover, both the plaintiff and the appointed administrator reside in Rivers State.
“Judicial divisions are created for administrative convenience. Litigants have the constitutional right to institute actions in any division with competent jurisdiction over the subject matter,” Enweluzo added.
The legal team urged the chief judge to reconsider the decision and uphold the judiciary’s integrity and independence.
“We respectfully urge Your Lordship not to accede to any directive or communication that seeks to undermine the established rules of court and the constitutional right to a fair hearing. We are confident that justice will be done and seen to be done in this matter.”
This protest comes amid growing public and legal scrutiny of the emergency declaration’s constitutional implications and the federal government’s authority to suspend elected state officials.
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