The Take It Back Movement (TIB), Delta State Chapter, has announced that it will lead a peaceful protest at the Federal High Court, Warri, on December 15, 2025, to challenge what it describes as the “unlawful and unconstitutional prosecution” of human-rights activist, Comrade Ighorhiohwunu Aghogho, allegedly initiated without the knowledge or consent of the Attorney-General of the Federation (AGF).
The announcement was made by Comrade Ochuko Familii, State Coordinator of the Take It Back Movement (TIB), Delta State Chapter, who said the action became necessary following troubling developments in the case Federal Republic of Nigeria v. Ighorhiohwunu Aghogho (Suit No. FHC/WR/92C/2022).
According to Familii, the Delta State Government’s insistence that it is not required to notify or obtain the consent of the AGF before prosecuting federal offences within the State raises serious constitutional and procedural concerns.
In a counter-affidavit sworn on October 30, 2025, by Gloria Edi, an administrative officer at the Delta State Ministry of Justice, the State defended the prosecution as properly instituted.
The affidavit, relying on information provided by prosecuting counsel R. M. Onojovwo, Esq., cites a purported standing authorization dated January 30, 2017, tendered as Exhibit MOJ1 which the State claims empowers its Attorney-General to prosecute federal offences.
Despite this, paragraph 6 of the counter-affidavit asserts that the fiat “imposes no obligation on the State to notify the Attorney-General of the Federation” before initiating charges, even though paragraph 2(v) of the same document expressly requires proper record-keeping and periodic reporting to the AGF, warning that failure may lead to revocation.
Familii noted that the inconsistency becomes more troubling when juxtaposed with the AGF’s own position before the ECOWAS Court of Justice. In a Statement of Defence filed July 31, 2025, and tendered as annexure TG3 in Suit No. ECW/CCJ/APP/28/2025, the AGF declared that the “Federal Republic of Nigeria was not aware of the cyberstalking suit against Aghogho pending at the Federal High Court, Warri.” Although the AGF also stated that the Delta State Attorney-General possesses constitutional authority to prosecute offences within the State, TIB Delta insists that the AGF’s admission exposes “a fatal contradiction.”
According to Familii, “If the AGF, in whose name the case was filed, was unaware of the prosecution, then the Warri charges were instituted without lawful authority, amounting to impersonation of the Attorney-General of the Federation.”
Aghogho’s Notice of Preliminary Objection, filed October 3, 2025, before Justice Hyeladzira Ajiya Nganjiwa, seeks to have the prosecution dismissed as “incompetent, fraudulent, and a nullity.” He argues that the case violates Section 174 of the 1999 Constitution, key provisions of the ACJA 2015, and Articles 7 and 26 of the African Charter on Human and Peoples’ Rights.
He further contends that “unlawful prosecution is a continuation of unlawful detention,” invoking Sections 35(6) and 36 of the Constitution and urging the court to exercise its authority under Section 6(6)(b) to stop the alleged abuse and award appropriate redress.
Among the reliefs he seeks are a declaration that his right to fair hearing has been violated, ₦500 billion in damages for prolonged detention and psychological trauma, a perpetual injunction stopping the Delta State Attorney-General from further prosecuting him, or, alternatively, reassignment of the case to a different judge due to a pending NJC petition and a related ECOWAS Court matter involving the presiding judge.
In a related update, Aghogho informed the ECOWAS Court that all relevant documents, particularly those relating to alleged obstruction of justice have now been successfully served on the Federal Republic of Nigeria and multiple high-ranking officials, including the AGF, the Chief Justice of Nigeria, the Chief Judge of the Federal High Court, the Delta State Attorney-General, and the presiding judge.
Tensions escalated further on November 13, 2025, when Justice Nganjiwa declined to hear Aghogho’s preliminary objection, stating that he needed time to review the case file and expressing concerns about the activist’s approach to the ECOWAS Court. The matter was adjourned to December 15, the same day as the scheduled protest.
Comrade Familii said the protest aims to “defend constitutionalism, resist prosecutorial abuse, and demand fidelity to the rule of law,” insisting that the AGF’s filings before the ECOWAS Court “expose deep inconsistencies” that justify urgent judicial intervention.
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