The legal team representing former federal lawmaker from Rivers State, Farah Dagogo, has formally protested the transfer of his lawsuit challenging the Federal Government's declaration of a State of Emergency in Rivers State from Port Harcourt to Abuja.

The case, originally filed at the Federal High Court in Port Harcourt, was transferred to the Abuja Division following a directive from the Attorney-General of the Federation. The transfer affected not only Dagogo's suit but all cases challenging the emergency rule declaration in Rivers State.

In a letter addressed to the Chief Judge and copied to the Presiding Judge of the Federal High Court in Port Harcourt, Dagogo's lead counsel, Chief Cosmas Enweluzo, SAN, argued that the transfer violates judicial independence and due process.

"Your Lordship, allowing a party to dictate the forum of adjudication sets a dangerous precedent and erodes public confidence in the justice system," the letter stated. "The current development amounts to forum shopping and constitutes an abuse of court process."

Enweluzo emphasized that the Attorney-General, who is representing the President in the suit, lacks the statutory authority to request such a transfer. He further argued that since the effects of the State of Emergency and the actions of the Administrator are being felt in Rivers State, the Port Harcourt Division is the appropriate venue for hearing the matter.

Background of the Emergency Rule

President Bola Tinubu declared a State of Emergency in Rivers State on March 18, 2025, citing threats to national assets. The declaration included the suspension of Governor Siminalayi Fubara, his deputy, and all elected members of the Rivers State House of Assembly. Retired Vice Admiral Ibok-Ete Ibas was subsequently appointed as the Sole Administrator of the state.

In response to these actions, Dagogo initiated a legal challenge on April 9, 2025, questioning the constitutionality of the President's decisions. The case, previously presided over by Justice Turaki Mohammed, had been adjourned to May 26, 2025, for further proceedings before the transfer directive was issued.

The legal team has urged the Chief Judge to reconsider the decision and uphold the integrity and independence of the judiciary. They maintain that the transfer represents an inappropriate interference in the judicial process, particularly given that the Attorney-General is a party to the proceedings.

The case highlights growing tensions surrounding the emergency rule in Rivers State and raises questions about judicial independence in politically sensitive cases.