The legal team representing former federal lawmaker from Rivers State, Farah Dagogo, has formally opposed the relocation of his suit challenging the Federal Government’s declaration of a State of Emergency in Rivers State.
DAILY POST recalls that last week, the suit which was filed at the Federal High Court in Port Harcourt, was transferred to the Abuja Division.
The transfer followed a directive from the Attorney-General of the Federation.
Aside the suit by Dagogo challenging the emergency rule, every case challenging the state of emergency was also transferred to Abuja.
However, the legal team of the former lawmaker, in a letter addressed to the Chief Judge and copied to the Presiding Judge of the Federal High Court in Port Harcourt, disapproved the transfer, stating that it is a violation of judicial independence and due process.
Dagogo’s lead counsel, Chief Cosmas Enweluzo, SAN, argued that the Attorney-General lacked the statutory authority to request the transfer of a case from one judicial division to another, as he is a party to the suit, representing the President.
“Your Lordship, allowing a party to dictate the forum of adjudication sets a dangerous precedent and erodes public confidence in the justice system.
“The current development amounts to forum shopping and constitutes an abuse of court process,”;; the letter further stated.
Enweluzo restated that the effects of the State of Emergency and the actions of the Administrator are being felt in Rivers State, and therefore the Port Harcourt Division of the Federal High Court is the appropriate forum for hearing the matter.
The legal team advised the Chief Judge to reconsider the decision and uphold the integrity and independence of the judiciary.
President Bola Tinubu had on March 18, 2025, declared a State of Emergency in Rivers State, citing threats to national assets.
The President further suspended Governor Siminalayi Fubara, his deputy and all elected members of the Rivers State House of Assembly and appointed retired Vice Admiral Ibok-Ete Ibas as the Sole Administrator of the state.
Dagogo, in response, initiated a suit on April 9, 2025, challenging the constitutionality of the President’s actions.
The case which was formerly presided over by Justice Turaki Mohammed, had been adjourned to May 26, 2025, for further proceedings.
However, before the scheduled date, the Chief Judge of the Federal High Court approved a request by the Attorney-General of the Federation to transfer the case to Abuja.
