Cyberstalking Trial Stalls: Delta Child Rights Activist Seeks Case Transfer, Alleges Constitutional Breaches

SUNTV Global Channel Report

A Delta-based child rights activist, Comrade Ighorhiohwunu Aghogho, has formally petitioned the Chief Judge of the Federal High Court of Nigeria, John Taremba Tsoho, requesting the immediate transfer of his ongoing cyberstalking case from the Warri Judicial Division over alleged procedural irregularities and denial of fair hearing.

The activist, who also serves as Convener of the #Operation Save Nigerian Children campaign, is standing trial in Charge No. FHC/WR/92C/2022, instituted in the name of the Federal Government of Nigeria. However, his legal team argues that the prosecution is constitutionally defective from the outset.

Defence Raises Constitutional Concerns

In a letter dated February 19, 2026, Aghogho’s counsel, Andrew N. Elekeokwuri, urged the Chief Judge to exercise administrative powers to reassign the case to another judicial division. The defence claims the charge was filed without the consent or authorisation of the Attorney-General of the Federation, contrary to Section 174(1) of Nigeria’s 1999 Constitution.

The legal team also disclosed that the Attorney-General’s office reportedly stated before the ECOWAS Court of Justice that it had no knowledge of the prosecution — a development the defence says raises serious questions about the legality of the case.

Court Proceedings Take Unexpected Turn

When the matter came up on February 16, 2026, for hearing of a preliminary objection challenging the court’s jurisdiction, the presiding judge, H. A. Nganjiwa, reportedly informed the court that petitions had been filed against him before the National Judicial Council and the office of the Chief Judge.

According to the defence, Justice Nganjiwa indicated he would await directives from judicial authorities or the withdrawal of the petitions before proceeding further — a stance that effectively stalled the hearing of the objection.

Bail Revocation and Continued Detention

The defence argues that the delay has prolonged Aghogho’s detention, as his bail was revoked in June 2025. Lawyers say the unresolved preliminary objection — filed in October 2025 — challenges the very foundation of the prosecution.

They contend that the situation violates Section 36(1) of the Constitution, which guarantees fair hearing within a reasonable time by an independent and impartial court.

Call for Immediate Transfer

Aghogho is now seeking the urgent transfer of the case to another Federal High Court division before the next adjourned date of March 19, 2026. His legal team says the move is necessary to prevent further delays, protect constitutional rights, and restore public confidence in the justice system.

As of the time of this report, authorities of the Federal High Court have yet to respond officially to the transfer request, leaving uncertainty over the future of the cyberstalking trial.

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