PRESS STATEMENT
10 March 2026
FOR IMMEDIATE RELEASE
Take It Back Movement, Delta State Chapter Holds Chief Justice of Nigeria Accountable for Delay in Hearing of Objection Seeking Dismissal of Cyberstalking Charges Against Activist Comrade Ighorhiohwunu Aghogho
The Take It Back Movement (TIB), Delta State Chapter, expresses grave concern over the continued delay in the hearing and determination of the Notice of Preliminary Objection seeking the dismissal of the cyberstalking charges filed against Delta-based human rights and child rights activist, Comrade Ighorhiohwunu Aghogho.
This concern follows a significant development during the quarterly prison visit conducted on 9 March 2026 by the Chief Judge of Delta State, Justice Theresa Diai, to inmates at the Nigerian Correctional Service facility at the Warri Custodial Centre.
During the review of inmates awaiting trial, the case of Comrade Aghogho was brought before the Chief Judge. In response to inquiries about the status of the proceedings, Comrade Aghogho informed the Chief Judge that the Federal High Court sitting in Warri had declined to proceed with the hearing of his Notice of Preliminary Objection, pending what the presiding judge described as “guidance” from the leadership of the federal judiciary due to petitions connected to the case.
According to the explanation presented during the prison visit, the presiding judge reportedly stated in open court on 16 February 2026 that he could not hear the jurisdictional objection until he received direction from either the Chief Justice of Nigeria or the Chief Judge of the Federal High Court.
Responding to the issue, Justice Theresa Diai clarified that she lacked the authority to intervene in proceedings before the Federal High Court because her jurisdiction is limited strictly to the Delta State judiciary. She explained that matters relating to administrative directives affecting judges of the Federal High Court fall exclusively within the authority of the Chief Judge of the Federal High Court or the Chief Justice of Nigeria.
Justice Diai’s clarification effectively confirms that the continued delay in the hearing of the jurisdictional objection now rests within the administrative responsibility of the leadership of the federal judiciary.
The Take It Back Movement therefore holds the Chief Justice of Nigeria, Hon. Justice Kudirat Motonmori Olatokunbo Kekere-Ekun and the Chief Judge of the Federal High Court, Hon. Justice John Terhemba accountable for the ongoing delay that has prevented the court from hearing the Preliminary Objection filed on 3 October 2025, which challenges the jurisdiction of the Federal High Court in the matter.
It is deeply troubling that a defendant who has raised a fundamental jurisdictional challenge is being kept in prolonged detention while the court is unable to determine whether it even possesses the authority to try the case.
This situation raises serious constitutional concerns regarding the right to fair hearing and the proper administration of justice.
Comrade Aghogho has remained in custody at the Warri Custodial Centre since 16 June 2025, when his bail was revoked. The continued delay in hearing the jurisdictional objection has effectively stalled the proceedings while the activist remains incarcerated.
The Take It Back Movement also notes that the defence team representing Comrade Aghogho has formally written to the Chief Justice of Nigeria requesting administrative intervention to ensure the fair and expeditious determination of the matter. In a letter dated 2 March 2026, counsel to the activist requested that the case be reassigned to another judge of coordinate jurisdiction in order to safeguard judicial impartiality and restore public confidence in the judicial process.
This request followed the filing of a petition before the National Judicial Council concerning issues arising from the handling of the case.
The Take It Back Movement emphasizes that justice delayed in circumstances such as these constitutes a serious threat to the constitutional guarantee of fair hearing. Courts must not allow administrative uncertainty or institutional hesitation to undermine the rights of citizens, particularly where liberty is at stake.
We therefore call on the Chief Justice of Nigeria and the Chief Judge of the Federal High Court to urgently intervene to ensure that the pending Notice of Preliminary Objection seeking the dismissal of the cyberstalking charges against Comrade Ighorhiohwunu Aghogho is heard without further delay.
Nigeria’s judiciary must remain a pillar of justice, not an instrument through which citizens are subjected to indefinite legal uncertainty.
The Take It Back Movement will continue to monitor the proceedings closely and will not hesitate to mobilize democratic and lawful means to demand accountability and the protection of constitutional rights.
Justice must not only be done, it must be done without delay.
Signed
Comrade Ochuko Etu
State Coordinator
Take It Back Movement (TIB)
Delta State Chapter
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