Chief Judge John Tsoho Replies Falana’s Application To Reassign Rivers State Electoral Commission Case

The Chief Judge of the Federal High Court, Honourable John Tsoho, has asked for a formal submission by a Motion on Notice of the application by human rights lawyer, Femi Falana, SAN, to reassign a contentious case involving the Rivers State Independent Electoral Commission (RSIEC).

SaharaReporters had earlier reported that Falana, representing Rivers State Independent Electoral Commission and retired Justice Adolphus Enebeli in lawsuit numbered FHC/ABJ/CS/984/2024, argued that the case should be heard in the Rivers State Judicial Division of the Federal High Court, which holds territorial jurisdiction over the matter.

In his letter, Falana explained that the case, which is currently before the Abuja Division of the Federal High Court, violates the Federal High Court Act and the court’s rules concerning the appropriate place of institution.

According to Falana, the case should have been filed in Port Harcourt, the area of residence of the defendants, rather than Abuja.

The legal dispute centers on issues related to the Rivers State electoral body, and Falana contends that transferring the case to the proper jurisdiction is essential for a fair trial.

His statement had read, "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.

"The said suit which borders on the funds belonging to the 10th Defendant in the custody of the 1th, 2th and 3th Defendants was initially assigned to HON. Justice Nwite of the Abuja Judicial Division of the Federal High Court.

"He noted that it has since been reassigned to the Honourable Justice Abdulmalik of the same Judicial Division.

"It is our client's instructions to request your Lordship to reassign the case to one of the three Judges sitting in the Port Harcourt Judicial Division of the Federal High Court which is seized with the territorial jurisdiction to hear and determine this case."

Meanwhile, the Special Assistant to the Honourable Chief Judge, Joshua Ibrahim Aji, Esq., in a letter addressed to Falana, stated that the application should be formally submitted by a Motion on Notice.

According to Aji, it would allow the judge an opportunity to understand the reasons for the request and to deliver a ruling accordingly.

The statement read, "Request for Reassignment of Case File to a Judge in the Port Harcourt Judicial Division of the Federal High Court

"In Accordance with Section 36(1) of the Constitution of the Federal Republic of Nigeria (1999, as amended) and Order 49, Rule 2 of the Federal High Court Civil Procedure Rules.

"Your letter on the above subject matter dated 25th October, 2024 please, refers.

Aji said, "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 opportunity to know the reasons for it and deliver a ruling accordingly.

"Please, accept the esteemed regards of the Honourable, The Chief Judge," he said.