Falana Wants Transfer of Case to Port Harcourt, Writes CJ FHC

Citing conflict of interest and potential bias in Abuja because of the FCT Minister’s gift of a housing scheme for judges in Abuja, Mr. Femi Falana SAN has requested the Chief Judge of the Federal High Court, Justice John Tsoho to reassign a case filed against the Rivers State House of Assembly and others to the Port Harcourt Division of the Court.

Amaewhule’s faction of the state Assembly had instituted the suit asking for the withholding of funds meant for local governments in the state. The case, with suit number FHC/ABJ/CS/984/2024, was initially assigned to Justice Nwite and later reassigned to Justice Abdulmalik, both in the Abuja Judicial Division.

In a letter dated October 25, 2024, the law firm, representing the 9th and 10th Defendants, argued that the Port Harcourt Division has the territorial jurisdiction to hear the case, as the 1st, 2nd, and 3rd Defendants have offices in Port Harcourt, while the remaining parties reside there.

The firm cited previous instances where the Chief Judge ordered the transfer of cases to the appropriate judicial divisions. Furthermore, the law firm expressed concerns about the likelihood of bias in the Abuja Judicial Division, as the Minister of the Federal Capital Territory,

Mr. Nyesom Wike, an interested party, announced plans to build houses for judges in Abuja. The firm argued that this act might influence the case’s outcome, contrary to the constitutional guarantee of judicial independence and impartiality.

Falana & Falana’s Chambers emphasized that justice should not only be done but also be seen to have been done, and requested the case be transferred to the Rivers State Judicial Division of the Federal High Court.

The firm believes their colleagues will not object to this request, as they are all involved in the campaign for judicial independence and separation of powers in Nigeria.

The letter reads: “Apart from the issue of forum convenience, our client has decided to request the transfer on the ground of the likelihood of bias in the Abuja Judicial Division of the Federal High Court as 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. Your Lordship will agree with us the act of building houses for judges by the Executive does not align with sections 81 and 121(3) of the Nigerian Constitution which have guaranteed financial autonomy for the Judiciary. Since the budget of the Judiciary was increased from N168 billion to N345 billion in the 2024 Appropriation Act, it is the responsibility of the National Judicial Council to ensure that houses are built for Judges and distributed to them.

“It is the humble view of our clients that the decision of the Honourable Minister to build houses for Judges may influence the outcome of the case contrary to Section 36(1) of the Constitution which stipulates that a court or tribunal shall be constituted in such manner as to secure its independence and impartiality.”