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Falana writes CJ to transfer Rivers Assembly case to PortHarcourt, gives reason

Falana & Falana’s Chambers, a prominent Nigerian law firm, has requested the Chief Judge of the Federal High Court, Honourable Justice John Tsoho, to reassign a case filed against the Rivers State House of Assembly and others to a judge in the Port Harcourt Judicial Division of the Federal High Court.

metronetworknews by metronetworknews
October 26, 2024
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Falana & Falana’s Chambers, a prominent Nigerian law firm, has requested the Chief Judge of the Federal High Court, Honourable Justice John Tsoho, to reassign a case filed against the Rivers State House of Assembly and others to a judge in the Port Harcourt Judicial Division of the Federal High Court.

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.

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