In a landmark judgment that recalibrates the intersection of judicial administration and national security, the Supreme Court of Nigeria has affirmed the statutory authority of the Federal High Court Chief Judge to transfer criminal cases across judicial divisions to safeguard public peace and ensure justice.
This clarification comes from Lagos-based Senior Advocate of Nigeria (SAN), Ebun-Olu Adegboruwa, who conducted a detailed analysis of the apex court’s decision in the case of FRN v. Jokolo (2026) 12 NWLR (Pt. 2054) 351.
According to Adegboruwa, the ruling serves as a critical tool for preserving the integrity of criminal trials amidst Nigeria’s evolving security landscape.
The SAN emphasised that the Supreme Court’s decision provides much-needed clarity on the delicate balance between territorial jurisdiction and administrative discretion.
In his assessment, Adegboruwa noted that the judgment is particularly timely, given the surge in banditry, kidnapping, armed robbery, cattle rustling, land grabbing, and terrorism across the federation.
“The multiplication of terror groups and criminal networks across the country demands urgent and effective measures. The ultimate responsibility of government remains the security and welfare of the people, and the law must be used as a formidable instrument for combating insecurity,” Adegboruwa stated.
The facts of the case, as reported, originated from a 28-count charge of money laundering and conspiracy filed against eight defendants before the Federal High Court in Kano.
The charges were instituted under sections 14(1)(a), 15(1), 15(3), and 17(a) of the Money Laundering (Prohibition) Act, 2004.
Due to security concerns, the Chief Judge of the Federal High Court transferred the case from the Kano Judicial Division to the Abuja Division.
The trial proceeded, with the prosecution calling 17 witnesses and tendering several documentary exhibits before closing its case.
Dissatisfied with the trial court's dismissal of their no-case submissions, the respondents appealed to the Court of Appeal.
The appellate court unanimously allowed the appeal, ruling that the Federal High Court in Abuja lacked the territorial jurisdiction to hear the case.
However, the Federal Government appealed to the Supreme Court. The apex court ultimately dismissed the appeal, but crucially upheld the Chief Judge’s power to transfer cases.
The ruling was grounded in sections 93(2), 98(1), and 387 of the Administration of Criminal Justice Act (ACDA) 2015, Section 19 of the Federal High Court Act, and Order 17, Rules 1–5 of the Court of Appeal Rules, 2021.
Interpreting the ruling, Adegboruwa explained that Section 98(1) of the ACJA empowers a Chief Judge to transfer a case from one court to another if it promotes the ends of justice or serves the interest of public peace.
This is particularly vital in sensitive proceedings where insecurity or potential intimidation could compromise the safety of parties, witnesses, judicial officers, or the public.
He pointed out that while Section 93(2) requires charges to be tried where the offence was committed, it allows exceptions based on convenience and security.
“The reference to the ends of justice also covers the need to ensure that proceedings take place in an environment free from intimidation and undue influence,” Adegboruwa added.
However, the SAN highlighted that this power is not absolute. He noted Section 98(3) of the Act, which requires that any application or petition for transfer be investigated by no more than three reputable legal practitioners, ensuring a safeguard against arbitrary judicial transfers.
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