Rochas Okorocha
CrimeHighlightTrending Story

N2.9bn fraud: For the third time, ex-Imo Gov. Okorocha freed by court

535

Thrice prosecuted in court, thrice discharged is the political career trajectory of Ex-Imo Governor and serving Senator, Rochas Okorocha, as he was again on Friday discharged but not acquitted of corruption charges filed against him by the Economic and Financial Crimes Commission (EFCC).

Justice Yusuf Halilu of an Abuja High Court freed Okorocha after dismissing the charges filed by the anti-graft agency, describing it as an abuse of court processes.

Persecondnews recalls that this is the third time Okorocha will be freed by the courts over the allegations of fraud and corruption to the tune of N2.9 billion.

The offenses were allegedly committed while he was the governor of Imo State from 2011 and 2019.

The court declared that it was wrong for the EFCC to continue to file similar charges against a defendant in different courts, particularly when a court of competent jurisdiction had already decided the matter.

Justice Stephen Pam of the Federal High Court in Port Harcourt had in a 2021 judgment, quashed the EFCC charge against Okorocha after it declared as illegal, unlawful, null and void the investigation upon which the charge was based on.

Consequently, the judge prohibited EFCC from further prosecuting the former governor over any alleged offence relating to the said investigation.

On May 24, 2022, the commission arrested Okorocha after over six hours of siege at his Abuja residence and arraigned him in court and six others before a Federal High Court in Abuja.

The trio was alleged to have embezzled N2.9 billion belonging to the Government of Imo State.

However, in a ruling delivered on February 6, Justice Inyang Ekwo, struck out the charges for contravening Section 105 (3) of the Administration of Criminal Justice Act (ACJA), 2015, which gives the Attorney-General of the Federation the power to recall a case.

Ekwo held that the directive of the Attorney-General of the Federation in a letter dated September 12, 2022, to the EFCC to forward the case file with its comments on the issues for consideration and review was binding on the commission.

The court agreed with Okorocha that the earlier judgment of a court of coordinate jurisdiction sitting in Port Harcourt in suit number FHC/PH/FHR/165 between him and EFCC restraining the agency from further proceeding on the alleged offense subsists.

Dissatisfied with the judgment, the EFCC had approached an Abuja High Court and filed another set of charges against the former governor.

But Okorocha, through his lawyer, Chief Ola Olanipekun (SAN), challenged the competency of the charge in an application, claiming it was an abuse of court processes.

Delivering a ruling in the application on Friday, Halilu held that it was wrong for the EFCC to bring a suit that has already been decided by a court of coordinate jurisdiction, especially when there was an order of court restraining the anti-graft agency from prosecuting Okorocha over the outcome of an investigation that has been nullified by the court.

The judge noted that there is nothing more than court abuse in the action of the commission by going ahead and filing the same suit in three different courts.

Halilu, while noting that the agency by law is conferred with a wide range of investigatory and prosecutorial powers, maintained that the commission must learn to operate within the law, adding that the EFCC, being a creation of the law, must be a respecter of the law.

The court noted that the evidence before it showed that a Federal High Court had in 2021 freed Okorocha from fraud and corruption charges brought against him by the EFCC.

He said while the commission did the right thing by appealing the judgment, it ought not to have approached another court of coordinate jurisdiction to file a similar charge against Okorocha.

While warning that nobody or agency is above the law, the court advised the anti-graft agency to accept that there must be an end to litigation.

“Once a case of abuse of court processes is established, the best thing to do is to dismiss the charge; the first defendant is hereby discharged,” Persecondnews quotes the court as saying.

Leave a comment

Related Articles

Alleged $45m money laundering: Court remands El-Rufai’s ex-Chief of Staff in prison

Bashir Sa’idu, former Chief of Staff to ex-Governor of Kaduna State, Nasir...

Edo Gov. election tribunal: Gov. Okpebholo orders probe into alleged DSS assault on journalists

Edo Gov. Monday Okpebholo has called for a probe into the alleged...

FirstBank Bountiful Harvest of Awards In 2024 – Testament To Excellence And Stakeholder Trust

In the gilded halls of excellence where dreams are crafted into legacies,...

Football development: NFF begins construction of hostel, world-class pitches

The Nigeria Football Federation (NFF) has commenced the construction of a hostel...

Nigeria secures endorsement of seven countries for UNESCO media institute

Nigeria has taken a significant step towards hosting the UNESCO Category II...

Xenophobic attacks: Tension rises between Nigeria and South Africa amid property damage, seizures

Tensions between Nigeria and South Africa have escalated following allegations of systematic...

Breaking: Reconsider your withdrawal, come for dialogue, WHO urges US

Few hours after US pulling out, the World Health Organisation(WHO) has expressed...

NPA, NLNG collaborate to boost Nigeria’s export capabilities

In a bold move to boost Nigeria’s export sector, the Nigerian Ports...

Trump grants TikTok 75-day reprieve, eyes 50-50 partnership with ByteDance

In a surprise move, US President Donald Trump has ordered a 75-day...

Few weeks to son’s wedding, FG’s hospital senior staff commits suicide, plungs into deep well

A tragic incident has hit the Federal Medical Centre (FMC), Idi-Aba, Abeokuta,...

14 key takeaways from Donald Trump’s inaugural speech as the 47th President of the United States:

1. The golden age begins now. The golden age of America begins...

1,500 Capitol Rioters Receive Unprecedented Pardon from Trump, Sparks Outrage

Just hours after taking office, US President Donald Trump granted pardons on...

Breaking: Trump pulls US from WHO, signs executive bill

US President Donald Trump has signed an executive order to withdraw the...

Pres. Trump reverses Biden’s Paris deal

Newly-inaugurated President Donald Trump has confirmed that he will withdraw the United...

NNPC Ltd Blames Economic Saboteurs for Buguma Wellhead Fire, Pledges to Combat Threat

The Nigerian National Petroleum Company Limited (NNPC Ltd) has pinpointed pipeline vandalism...

Inaugural Speech of Donald J. Trump, 47th. President of America

Thank you. Thank you very much, everybody. Well, thank you very, very...

Breaking: Trump vows to halt illegal immigration

Donald Trump was inaugurated as the 47th President of the United States...

FCT Minister Inaugurates Key Road in Abaji Area Council

In fulfillment of a critical infrastructure promise, the Minister of the Federal...

State FA Cup Competitions Kick Off Across Nigeria

The President Federation Cup competition kicked off nationwide on Monday, with preliminary...

Alleged N12.3bln fraud: Otudeko, others’ arraignment stalled, court adjourns until Feb. 13

Justice Chukwujekwu Aneke of the Federal High Court in Lagos has adjourned...