“Our Judiciary Must Not Aid Criminality” Says Niger Delta Stakeholders, As They Kick Against Secret Transfer Of Micah Polo’s Guns Smuggling Case To Federal High Court, Port Harcourt -

By Uche Alvin

We, the Niger Delta Justice Group, issue this urgent and emphatic press statement to alert the Nigerian public, civil society, and the international community to an unfolding judicial breach of monumental proportions.

We have received credible and troubling intelligence that Suit No. FHC/ASB/84C/2025 – Federal Republic of Nigeria vs. Micah Mogbitse Igbenu & 6 Others – has been illegally transferred to a vacation court sitting at the Federal High Court, Port Harcourt (Court 5), and is slated for hearing tomorrow, Thursday, 21st August 2025.

This suit, which centers on the alleged smuggling of arms into Delta State to ignite ethnic conflict in Warri Federal Constituency, is not merely a local matter—it is a national security emergency. The defendants are accused of orchestrating violence and importing illegal weapons with the intent to destabilize the region during the INEC Ward Delineation Exercise, a democratic process vital to electoral representation and peace.

Originally filed before Honourable Justice Agbaje of the Federal High Court, Asaba, this matter is being secretly maneuvered to Port Harcourt under suspicious circumstances. Credible sources allege that certain DSS officials are colluding with the defendants to secure a favorable ruling that would allow the accused individuals to flee the country under the cover of a judicial application on medical grounds.

We categorically condemn this unlawful forum shopping and call on the vacation judges in Port Harcourt to recuse themselves immediately from entertaining this case, which does not fall within their jurisdiction and which carries grave national security implications.

Justice must not be sold. We recall with deep concern how, in the drug matter involving Mr. Ajetsibogho Emami (brother of Chief Ayiri Emami), the accused was given an option of fine instead of facing the full weight of the law. Such travesties of justice embolden criminality and set dangerous precedents. We will resist and protest against any repeat of such judicial compromise in this arms smuggling case.

We further demand the following immediate actions:

The Director of State Services (DSS) must publicly clarify its position and disassociate the agency from any covert collaboration with the defendants or their legal counsel.
The National Security Adviser (NSA) and the Federal Government of Nigeria must reject any application filed in the Port Harcourt vacation court that seeks to facilitate the defendants’ exit from the country.
The National Judicial Council (NJC) must investigate this breach of due process and ensure no vacation judge enables the miscarriage of justice in this high-risk case.
The Attorney General of the Federation must intervene to restore the matter to the Federal High Court, Asaba, where it was lawfully instituted and where jurisdiction lies.

This is not just about a case—it is about the integrity of our judicial system, the safety of our communities, and the credibility of our democracy. The people of Warri Federal Constituency will not be silenced, and we will not fold our arms while agents of chaos are aided through judicial loopholes to escape prosecution.

We issue this as a final call to all institutions of justice and national security: Do not aid criminality. Do not enable impunity. Do not let justice be sold in secret.

Justice must not only be done, it must be seen to be done. And it must be done in Asaba.

Signed,
Dr. Kelly Orukus
For: Niger Delta Justice Group