The legal team representing Dr. Farah Dagogo, a former federal lawmaker and 2023 Governorship Aspirant in Rivers State, has formally protested the relocation of his legal challenge against the Federal Government’s declaration of a State of Emergency in Rivers State from the Port Harcourt to Abuja High Court.
The Rivers emergency suit, originally filed in the Port Harcourt Division of the Federal High Court, was recently transferred to the Abuja Division, following a directive from the Attorney-General of the Federation.
Dr. Dagogo had on April 9, initiated Suit No: FHC/PH/CS/50/2025 challenging the constitutionality of the declaration of a state of emergency in Rivers State by President Bola Tinubu.
The President on March 18, declared a state of emergency in Rivers State, citing alleged security threats and in the wake suspended the state’s democratically elected leadership and appointed Vice Admiral Ibok-Ete Ibas (Rtd.) as Administrator of the state.
The Rivers emergency suit names as 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 Honourable Justice Turaki Mohammed, had been adjourned to May 26, for further proceedings but before the scheduled date, the Chief Judge of the Federal High Court approved a request by the Attorney-General of the Federation 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, criticized the transfer as a violation of judicial independence and due process.
“Your Lordship, allowing a party to dictate the forum of adjudication sets a dangerous precedent and erodes public confidence in the justice system,” the letter stated.
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 emphasized 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.
Enweluzor reiterated that the Port Harcourt Division of the Federal High Court was the appropriate forum for adjudication, as the effects of the state of emergency and the actions of the Administrator were being felt in Rivers State adding that both the police laintiff 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,” he added.
The legal team urged the Chief Judge to reconsider the decision and uphold the integrity and independence of the judiciary.
“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 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 over the constitutional implications of the emergency declaration and the federal government’s authority to suspend elected state officials.
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