According to Falana, the case should have been filed in Port Harcourt, the area of residence of the defendants, rather than Abuja.
A Nigerian human rights lawyer, Femi Falana SAN, has written to Honourable John Tsoho, Chief Judge of the Federal High Court, requesting the reassignment of a case involving the Rivers State Independent Electoral Commission (RSIEC).
Falana, representing Rivers State Independent Electoral Commission and retired Justice Adolphus Enebeli in lawsuit numbered FHC/ABJ/CS/984/2024, argues that the case should be heard in the Rivers State Judicial Division of the Federal High Court, which holds territorial jurisdiction over the matter.
In his letter, Falana explained that the case, which is currently before the Abuja Division of the Federal High Court, violates the Federal High Court Act and the court’s rules concerning the appropriate place of institution.
According to Falana, the case should have been filed in Port Harcourt, the area of residence of the defendants, rather than Abuja.
The legal dispute centers on issues related to the Rivers State electoral body, and Falana contends that transferring the case to the proper jurisdiction is essential for a fair trial.
The statement reads, "We act as Solicitors to the 7th (Rivers State Electoral Commission) and 9th Defendants (Adolphus Enebeli) in the above mentioned suit, on whose instructions we write this letter.
"The said suit which borders on the funds belonging to the 10th Defendant in the custody of the 1th, 2th and 3th Defendants was initially assigned to HON. Justice Nwite of the Abuja Judicial Division of the Federal High Court.
"He noted that it has since been reassigned to the Honourable Justice Abdulmalik of the same Judicial Division.
"It is our client's instructions to request your Lordship to reassign the case to one of the three Judges sitting in the Port Harcourt Judicial Division of the Federal High Court which is seized with the territorial jurisdiction to hear and determine this case."
Falana explained that the request is based on the fact that the 1st, and and 3rd Defendants have offices in Port Harcourt, Rivers State while the remaining parties are resident.
"We have confirmed that sometime in October 2022, Your Lordship ordered the transfer of 68 cases filed against the Independent National Electoral Commission and the Labour Party in Abuja to the Lagos Judicial Division of the Federal High Court wherein the cause of action arose," he said.
According to him, It is also on record that in May 2024, Your Lordship approved the transfer of the case filed by Senator Jimoh Ibrahim, against the nomination of Ondo State Govemor, Lucky Aiyedatiwa, as the candidate of the All Progressives Congress (APC) for the 16 November governorship election, from Abuja to Akure, Ondo State.
He said the Counsel for the APC had earlier filed an application, praying the court to effect the transfer since the matter originated from Ondo State and all parties are domiciled in the state.
"Apart from the issue of forum conveniens, our client have decided to request the transfer on the ground of 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," he said.
He noted that 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, is not in consonance with sections 81 and 121(3) of the Nigerian Constitution which have guaranteed financial autonomy for the Judiciary," he said.
Falana further explained that, 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.
He said, "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.
"In Abiola v Federal Republic of Nigeria, the appellant requested 9 Justices of the Supreme Court to recuse themselves in the hearing of his application for bail on the ground that their Lordships had sued the National Concord newspaper owned by him for libel.
"The Supreme Court granted the application. Thus, in justifying the withdrawal of the Justices from the hearing of the applicant for ball, Bello CIN held inter alia:
"Furthermore, the evidence shows that in the alleged libel complained of, the Weekend Concord accused the Justices of "gross irregularities" and corruption.
"Under the circumstances, it is reasonable to infer, as Chief Ajayi, S.A.N. did, that the Justices have grievances against the applicant as the publisher of the alleged libel.
"That being the case, I do not think it would surprise anyone if a reasonable man would think it likely or probable that there would be a real likelihood of bias on the part of the Justices If they hear and determine Chief Ablola's case and particularly if they decide adversely against him."
"In that event, right-minded persons would go with the Impression: "What did you expect He accused them of corruption!" In other words, reasonable people would have the impression that the Justices were biased and would lose confidence in the administration of justice. Indeed, justice is rooted in confidence and the courts should abstain from doing. anything that may erode the root of justice. The courts should enhance confidence in the administration of justice," he stated.
"In conclusion, we humbly submit that the test of impartiality is an objective one and never subjective nor in accordance with the Judge's or enlightened members of the public perspective."
"It is on this note that we request that this case file be reassigned to the Rivers State Judicial Division of the Federal High Court which can exercise territorial Jurisdiction to hear and determine this matter.
"It is our strong belief that our colleagues will not object to this humble request because we are all involved in the campaign for judicial independence and separation of powers under the current political dispensation in Nigeria.
"While awaiting your Lordship's reply to this letter, please accept the assurances of our esteemed regards," Falana added.