Moved From Kano to Abuja: Why a Change of Courtroom Nearly Sank a Money-Laundering Case: Federal Republic of Nigeria v. Lamido (2026) 12 NWLR (Pt. 2054) 351 — Supreme Court of Nigeria

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Can a criminal trial legitimately be moved to a different city — and if it is, does the new courthouse actually have the power to hear the case? That question sat at the heart of a high-profile money laundering prosecution, and the Supreme Court's answer has real consequences for how Nigeria handles sensitive criminal trials nationwide.

The Facts

The respondent was one of eight people originally charged before the Federal High Court in Kano on a 28-count indictment alleging money laundering and conspiracy. Before the trial got underway, the prosecuting authority applied to have the case moved — and the Chief Judge of the Federal High Court ordered its transfer to the Abuja division, citing security concerns.

The Journey Through the Courts

The trial proceeded at the Federal High Court in Abuja. The prosecution called 17 witnesses and tendered a stack of documentary exhibits before closing its case. The respondent, along with his co-defendants, then made a "no case" submission — essentially arguing there wasn't enough evidence to require them to even mount a defence. The trial court disagreed and ordered the case to continue.

Dissatisfied, the respondent appealed to the Court of Appeal, which sided with him — unanimously ruling that the Abuja court had no territorial jurisdiction to hear a case about events that happened in Kano. That set the stage for the Prosecution's appeal to the Supreme Court.

The Court's Reasoning

Chief Judges Can Move Cases for Security Reasons

The Supreme Court confirmed that the Administration of Criminal Justice Act gives a Chief Judge real power to transfer a case from one court to another wherever doing so serves the interests of justice or public peace. The court read this power broadly, noting it's designed precisely for situations where insecurity in one location could threaten the safety of parties, witnesses, or judicial officers, or otherwise compromise a fair trial. Since the transfer here happened before the prosecution had called any witnesses — the point at which the law limits this power — the transfer itself was properly made.

The Receiving Court Gets Full Jurisdiction

This was the crux of the case. The Court of Appeal had reasoned that because the alleged offence occurred in Kano, only a Kano court could try it — regardless of any transfer order. The Supreme Court firmly rejected that reasoning. Once a Chief Judge validly transfers a case, the law gives the receiving court complete authority to hear and decide it, regardless of where the underlying conduct is alleged to have taken place. The new court's power comes from the transfer order itself, not from any independent link between the court's location and the crime scene. Asking whether any part of the alleged offence happened in Abuja was, the court said, simply beside the point once a valid transfer had occurred.

A Presumption That Officials Followed the Rules

The respondent had argued that the Chief Judge couldn't possibly have completed the legally required investigation into the transfer petition within the short time available. The Supreme Court invoked the presumption that official and judicial acts are done regularly unless proven otherwise — essentially, the burden was on the respondent to show something had actually gone wrong with the transfer process, and speculation about tight timing wasn't enough to meet that burden.

The Federal High Court's Reach Is National

The court also underscored a structural point: unlike a state High Court, which is confined to its own state, the Federal High Court has jurisdiction across the entire country, divided by the Chief Judge into judicial divisions purely for administrative convenience. That nationwide character reinforced why a transfer between divisions doesn't strip the receiving court of power.

The Final Verdict

The Supreme Court unanimously allowed the Federal Republic's appeal, reversing the Court of Appeal and confirming that the Federal High Court in Abuja had full jurisdiction to continue the trial despite the offence allegedly having occurred in Kano.

Key Takeaways

  • A validly transferred case carries its jurisdiction with it. The receiving court doesn't need any independent territorial connection to the alleged offence.
  • Security-driven transfers are meant for early-stage proceedings — the law specifically restricts this power once the prosecution has already started calling witnesses.
  • Official acts are presumed regular until proven otherwise. A party challenging a transfer needs actual evidence of a procedural failure, not just doubts about how quickly it was done.
  • The Federal High Court's jurisdiction is nationwide, which is part of why territorial objections to properly ordered transfers rarely succeed.

Questions for You

Do you think the power to transfer a criminal trial for "security reasons" is adequately checked, or could it be used strategically to move a case away from a jurisdiction seen as unfavourable to the prosecution? Should defendants have a stronger right to challenge a transfer before trial begins?

This post is a plain-language summary and commentary based on a reported judgment of the Supreme Court of Nigeria. It is provided for general informational purposes only and does not constitute legal advice. Readers with a specific legal question should consult a qualified legal practitioner.

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