Federal High Court's Top Judge Turns Down Request to Transfer Nestoil, Neconde Suit

The Chief Judge of the Federal High Court, Justice John Tsoho, has rejected an application by First Trustees Limited seeking the reassignment of a suit involving FBNQuest Merchant Bank, First Trustees Limited, Nestoil Limited and Neconde Energy Limited.
nJustice Tsoho directed that the matter, marked FHC/L/CS/2127/2025, should continue before Justice Daniel Osiagor.
nThe decision was conveyed in a letter dated June 19, 2026, signed by the Chief Judge’s Special Assistant, Joshua Ajit, and addressed to First Trustees Limited.
nA copy of the letter was sighted by our correspondent on Thursday.
nAccording to the letter, the application for reassignment was opposed by the defendants through separate rejoinders filed between June 12 and June 16, 2026.
nThe defendants argued that the reasons advanced for the reassignment request lacked factual basis and relied on a recent Supreme Court judgment in Neconde Energy Limited v. FBNQuest Merchant Bank Ltd & 4 Ors., delivered on June 15, 2026.
nThey maintained that the apex court neither disqualified Justice Osiagor from handling the matter nor directed that the case be transferred to another judge.
nThe Chief Judge agreed with the submissions and held that the Supreme Court’s observations did not suggest, either expressly or by implication, that Justice Osiagor should be removed from the case.
n“Rather, it reinforces the desirability of his continuing with the matter,” the letter stated.
nJustice Tsoho further noted that decisions of the Supreme Court are binding on all persons and authorities in Nigeria under Section 235 of the Constitution.
nConsequently, he ruled that there was no basis for granting the application.
n“In the light of all the foregoing, the application for reassignment of the case(s) is refused, and Hon. Justice Osiagor shall continue with the conduct of same,” the letter stated.
nThe dispute forms part of ongoing litigation involving FBNQuest Merchant Bank, First Trustees Limited, Nestoil Limited and Neconde Energy Limited.
nThe parties have been engaged in several related proceedings arising from the enforcement of financial and asset-management agreements.
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