The legal team of Dr. Farah Dagogo, a former federal lawmaker and 2023 governorship aspirant in Rivers State, has formally protested the transfer of his lawsuit challenging the Federal Government’s declaration of a state of emergency in Rivers State from Port Harcourt to Abuja.
The suit, originally filed at the Port Harcourt Division of the Federal High Court, was reassigned to the Abuja Division following a directive from the Attorney-General of the Federation and the subsequent approval of the Chief Judge of the Federal High Court.
President Bola Ahmed Tinubu had, on March 18, 2025, declared a state of emergency in Rivers State over alleged security threats. The President also suspended the democratically elected state leadership and appointed Vice Admiral Ibok-Ete Ibas (Rtd.) as sole Administrator of the state.
In response, Dr. Dagogo filed Suit No: FHC/PH/CS/50/2025 on April 9, challenging the legality and constitutionality of the President’s actions. The suit lists the President, the President of the Senate, the Senate, the Speaker of the House of Representatives, and the appointed Administrator as defendants. The case, presided over by Justice Turaki Mohammed, was adjourned to May 26 for further hearing.
However, before the scheduled hearing, the case was controversially transferred to Abuja.
In a letter addressed to the Chief Judge of the Federal High Court and copied to the Presiding Judge in Port Harcourt, Dr. Dagogo’s lead counsel, Chief Cosmas Enweluzo, SAN, condemned the transfer as a breach of judicial independence and due process.
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“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 read.
The legal team argued that the Attorney-General, as a representative of one of the parties in the case, lacked the legal authority to request or influence the transfer of the suit. They noted that no formal application had been made by any party under lawful grounds, such as potential injustice or security concerns, to warrant such a move.
“The current development amounts to forum shopping and constitutes an abuse of court process,” the protest letter continued.
Enweluzo further insisted that the Port Harcourt Division remains the appropriate venue for hearing the case, since the effects of the emergency rule and the Administrator’s actions are being felt in Rivers State, where both the plaintiff and the appointed Administrator also reside.
“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 emphasized.
The legal team called on the Chief Judge to reverse the transfer decision in the interest of justice and to safeguard 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,” the letter concluded.
