Prominent human rights lawyer, Mr. Femi Falana (SAN), has formally requested the Chief Judge of the Federal High Court, Justice John Tsoho, to transfer a controversial case involving the Rivers State government from the Abuja Division to the Port Harcourt Division. The case, filed by a faction of the Rivers State House of Assembly led by Martin Amaewhule, seeks to block the release of funds to local governments in the state.
In a letter dated October 25, 2024, Falana’s law firm, representing two of the defendants, argued that Port Harcourt would be the appropriate jurisdiction for the case due to the proximity of key defendants and relevant parties. The firm highlighted that the matter is directly tied to issues within Rivers State, with key players based in Port Harcourt, thus making it the correct forum for the case.
The case was initially assigned to Justice Emeka Nwite in Abuja before being transferred to Justice Joyce Abdulmalik, both of whom sit in the Abuja Division. However, Falana’s legal team is pushing for the case to be moved to the Port Harcourt Division, stressing both convenience and concerns over potential bias in the Abuja Division.
One of the central issues raised in Falana’s letter is the potential conflict of interest arising from the involvement of Mr. Nyesom Wike, the Minister of the Federal Capital Territory and former governor of Rivers State. Falana expressed concerns that Wike’s promises to build houses for judges in Abuja could lead to undue influence on the judiciary. Wike had recently announced plans to build 40 houses in the Katampe District of the Federal Capital Territory, with 10 of those designated for Federal High Court judges.
Falana argues that such a gesture by the executive is unconstitutional and could compromise judicial independence, particularly in a case where Wike, an interested party, is involved. The lawyer stressed that the construction of judges’ houses falls under the responsibility of the National Judicial Council (NJC), not the executive branch, as guaranteed by sections 81 and 121(3) of the Nigerian Constitution, which enshrine the financial autonomy of the judiciary.
“Apart from the issue of forum convenience, our clients have decided to request the transfer on the ground of likelihood of bias in the Abuja Judicial Division of the Federal High Court,” Falana’s firm stated in the letter. “The Honourable Minister of the Federal Capital Territory, Mr. Nyesom Wike, who is an interested party in this case, has announced plans to build houses for Judges within the Katampe District of the Federal Capital Territory. The Minister has promised to allocate about 10 out of the 40 houses to Judges of the Federal High Court Abuja.”
The firm argued that the decision to build judges’ houses by the executive is inconsistent with the constitutional provisions designed to ensure judicial autonomy. It further questioned the propriety of such actions while a matter involving the Rivers State government is before the courts, with the Minister of the Federal Capital Territory being an interested party.
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