Aghogho’s legal team argues that a contradiction exists in the Attorney-General of the Federation’s (AGF) official position before the ECOWAS Court of Justice.
The Delta State chapter of the pro-democracy group, Take It Back Movement (TIB), has announced plans to stage a peaceful protest at the Federal High Court, Warri, on December 15, 2025, over what it describes as the unlawful prosecution of human rights activist Comrade Ighorhiohwunu Aghogho.
The demonstration is linked to the ongoing case, Federal Republic of Nigeria v. Ighorhiohwunu Aghogho (FHC/WR/92C/2022), with TIB alleging that the Delta State Government initiated federal criminal proceedings against Aghogho without the knowledge or consent of the Attorney-General of the Federation (AGF).
In a statement issued on Wednesday, TIB said that a counter-affidavit filed by the Delta State Ministry of Justice argued that a 2017 authorization (fiat) empowers the State Attorney-General to prosecute federal offences without notifying the AGF.
The statement partly read: "The affidavit, based on information allegedly supplied by the prosecuting counsel, R. M. Onojovwo, Esq., relied on a purported standing authorization dated January 30, 2017, tendered as Exhibit MOJ1, which the State claims empowers the Delta State Attorney-General to prosecute federal offences and remains valid and unrevoked.
"At paragraph 6 of the counter-affidavit, the Delta State Government argued that the said fiat imposes no obligation to notify the Attorney-General of the Federation before initiating criminal proceedings.
“This position is maintained despite the express provisions of paragraph 2(v) of the authorization, which mandate proper record-keeping and periodic reporting to the AGF, and clearly state that a breach of these covenants may result in revocation of the fiat without notice. Nevertheless, the State insists that any non-compliance does not affect the validity of prosecutions already commenced."
Aghogho’s legal team argues that a contradiction exists in the Attorney-General of the Federation’s (AGF) official position before the ECOWAS Court of Justice.
The AGF reportedly stated in a July 31, 2025, defence filing that the Federal Government was unaware of the cyberstalking case against Aghogho at the Federal High Court, Warri, even while acknowledging that the Delta State Attorney-General has constitutional powers to prosecute offences within the state.
Based on this, Aghogho contends that the Warri prosecution is illegal, instituted in the name of the Federal Republic of Nigeria and the AGF without proper authorization, effectively amounting to impersonation of the AGF’s office.
In a preliminary objection filed on October 3, 2025, currently before Justice Hyeladzira Ajiya Nganjiwa, Aghogho is seeking to have the charge dismissed as incompetent and null, arguing that the prosecution violates Section 174 of the 1999 Constitution, the Administration of Criminal Justice Act (ACJA) 2015, and Articles 7 and 26 of the African Charter on Human and Peoples’ Rights. He further claims the prosecution amounts to a continuation of unlawful detention and is urging the court to exercise its remedial powers to halt the case and grant appropriate relief.
TIB, however, maintained that this claim collapses in light of the AGF’s own recent court filing.
In a Statement of Defence submitted to the ECOWAS Court of Justice on July 31, 2025, the AGF stated that the Federal Government was “not aware of the cyberstalking case” against Aghogho at the Federal High Court in Warri.
TIB spokesperson said this admission raises serious legal questions.
“You cannot prosecute in the name of the Federal Republic of Nigeria when the AGF himself says he had no knowledge of the case,” the spokesperson said.
“This completely undermines the legality of the charges against Aghogho.”
Aghogho has filed a Notice of Preliminary Objection seeking to have the charges dismissed. He argues that the prosecution violates constitutional provisions, including Section 174 of the 1999 Constitution, and provisions of the Administration of Criminal Justice Act (ACJA) 2015.
He is also demanding ₦500 billion in compensation for alleged unlawful detention, hardship, and reputational damage.
According to TIB, Aghogho has served documents on key judicial and executive officials, including the AGF and the Chief Justice of Nigeria.
“All the authorities have been properly notified,” TIB said.
“There is now a clear record showing who was aware and who was not.”
Tensions reportedly increased after the November 13 court session, where the presiding judge, Justice Hyeladzira Ajiya Nganjiwa, declined to hear arguments on Aghogho’s objection, saying he needed more time to review the case file.
The matter was adjourned to December 15, the same day TIB plans its protest.
“Our protest will be peaceful,” TIB added. “We are standing against prosecutorial abuse and demanding respect for the rule of law.”
TIB Delta State Chapter, emphasized that the planned protest is a peaceful action aimed at defending constitutionalism, resisting prosecutorial abuse, and demanding strict adherence to the rule of law.
The Movement insists that the AGF’s filings before the ECOWAS Court expose serious inconsistencies in the justification for the Warri prosecution and demonstrate the urgent need for judicial accountability and intervention.