This is amid allegations of persistent judicial delays that have resulted in the prolonged detention of a Nigerian child-rights activist.
The Community Court of Justice of the Economic Community of West African States (ECOWAS Court) has been formally notified of new developments in a cyberstalking case pending before the Federal High Court, Warri Judicial Division.
This is amid allegations of persistent judicial delays that have resulted in the prolonged detention of a Nigerian child-rights activist.
In Suit No. ECW/CCJ/APP/28/25, Comrade Ighorhiohwunu Aghogho, a citizen of Nigeria, child-rights advocate, and Convener of Operation Save Nigerian Children, filed a Notice of Additional Information against the Federal Republic of Nigeria.
The filing draws the attention of the regional court to what the Applicant describes as continuing acts and omissions by judicial and prosecutorial authorities that have compounded alleged violations of his fundamental rights.
The notice is connected to Charge No. FHC/WR/92C/2022, between the Federal Republic of Nigeria and Ighorhiohwunu Aghogho, pending before the Federal High Court, Warri, and presided over by Justice Hyeladzira Ajiya Nganjiwa.
Aghogho is being prosecuted for an alleged offence of cyberstalking under the Cybercrimes (Prohibition, Prevention, etc.) Act, 2015.
He contends that although the offence is created by federal legislation, the prosecution was initiated and is being conducted by the Delta State Attorney-General, rather than the Attorney-General of the Federation, whom he argues has exclusive constitutional authority to prosecute federal offences.
According to the Applicant, his bail was revoked on 16 June 2025, and he has remained in custody at the Nigerian Correctional Service, Warri Custodial Centre, since that date.
On October 3, 2025, through his counsel, he filed a Notice of Preliminary Objection challenging the competence and jurisdiction of the charge on constitutional grounds.
He maintains that despite the pendency of this objection, which he says goes to the root of the court’s jurisdiction, the Federal High Court, Warri Division, has repeatedly failed to sit or to hear and determine the application.
The Applicant recounts that the court did not sit in his matter on 7 October 2025. On 13 November 2025, although the case was listed on the court’s cause list, it was not called.
When defence counsel drew attention to the pending preliminary objection, the presiding judge allegedly declined to hear it and made remarks relating to the origin of the case and the inclusion of his name in related proceedings, as well as comments suggesting that the Applicant should have approached the Court of Appeal rather than the ECOWAS Court following the revocation of bail.
The matter was subsequently adjourned to 15 December for hearing of the objection, but the court again did not sit on that date.
Following the Federal High Court’s Christmas vacation, which officially ended on 7 January 2026, the Applicant alleges that the presiding judge failed to resume sitting in his case.
He further states that on 19 December 2025, he filed a Motion for Abridgement of Time seeking to bring forward the hearing date earlier fixed for 16 February 2026, in view of his continued detention.
According to him, the application has neither been assigned a hearing date nor determined.
In the notice before the ECOWAS Court, Aghogho contends that the repeated failure of the trial court to sit and hear his jurisdictional objection has had the effect of deliberately prolonging his detention.
He further alleges that the complainants whose petitions led to the cyberstalking charge are predominantly state actors, including government officials, serving and retired police officers, and serving or retired judicial officers.
The Applicant also raises allegations relating to suspected child trafficking and illegal adoption practices in Delta State, which he says he exposed in the course of his child-rights advocacy and whistleblowing activities.
He claims that rather than investigate these allegations, the Delta State Attorney-General’s office instituted the cyberstalking charge against him in retaliation, with the effect of silencing his advocacy and shielding the complainants from investigation and prosecution.
He further alleges that a retired Chief Judge of Delta State, Justice Marshal Umukoro, acting in concert with other officials, falsified or manipulated reports and correspondence addressed to the National Judicial Council in order to suppress complaints relating to child trafficking, including circumstances in which the retired judge allegedly had a personal and institutional interest.
These allegations, he argues, underscore a broader pattern of abuse of judicial and prosecutorial processes.
The filing also references an official visit to the Warri Custodial Centre on 3 November 2025 by the Chief Judge of Delta State, Honourable Justice Theresa Diai, during which she reportedly confirmed receipt of a complaint alleging that officials of the Delta State Ministry of Justice had impersonated the Office of the Attorney-General of the Federation in prosecuting the case.
According to the Applicant, the Chief Judge assured him that due process would be followed and that his preliminary objection would be heard.
Before the ECOWAS Court, Aghogho argues that his continued detention without a determination of the jurisdictional objection constitutes arbitrary detention and violates his rights to liberty and fair hearing under the Constitution of the Federal Republic of Nigeria, the African Charter on Human and Peoples’ Rights, and the International Covenant on Civil and Political Rights.
He further contends that the failure of the trial court to sit and hear his applications amounts to a constructive denial of access to court and facilitates the shielding of alleged perpetrators of child trafficking, contrary to Nigeria’s obligations under regional and international human-rights and child-protection instruments.
The Notice of Additional Information, dated 13 January 2026 and filed on 16 January 2026, is signed by Andrew N. Elekeokwuri, Esq., counsel to the Applicant.
The matter has added to growing scrutiny of judicial delays, prolonged pre-trial detention, and the treatment of human-rights defenders in Nigeria’s criminal justice system, as the ECOWAS Court is now invited to examine the alleged violations and their regional human-rights implications.