For the third time, the court on Friday threw away a suit filed by the Economic and Financial Crimes Commission (EFCC) against a former governor of Imo State, Rochas Okorocha.
Justice Yusuf Halilu of the Federal Capital Territory High Court sitting in Maitama described the EFCC’s charges of fraud as abuse of office.
This is the 3rd judgment by a court of competent jurisdiction on charges of fraud filed by the EFCC against the former governor.
The Federal High Court, Abuja, had on 6th February, discharged Senator Okorocha, of N2.9 billion fraud charges preferred against him by the EFCC.
Justice Inyang Ekwo, in a ruling, 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.
Justice Ekwo held that the directive of the AGF in a letter dated 12th September 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 Senator Okorocha that the earlier judgement of a court of competent jurisdiction which sat in Port Harcourt in suit number: FHC/PH/FHR/165, between him and EFCC and restrained the agency from further proceeding on the alleged offence, subsists.
Justice Stephen Pam, of the Federal High Court in Port Harcourt, had declared it unlawful and made an order prohibiting the EFCC from further prosecuting Senator Okoracha.
Operatives of the EFCC had on May 24 2022 arrested the former governor of Imo State after over six hours of siege at his residence.
The operatives gained access to him by climbing into and breaking through the ceiling of his Maitama residence.
He was arrested minutes after security operatives fired teargas to disperse protesters who did not want the ex-governor arrested.
Senator Okorocha was taken away in a white Hilux vehicle by armed security operatives.
This action, Justice Ekwo had held, was needless, saying that the controversies surrounding his trial must stop.
Senator Rochas Okoracha was a presidential aspirant of the All Progressives Congress in the 2023 presidential election.
The act by the EFCC, the Senator says, is a violation of his rights and defamation of his character, and an abuse of the judicial process.
The court premised its judgement on the fact that the EFCC had filed a similar charge against the former Imo State governor at the Federal High Court, which was decided upon in favour of the former governor in December last year it.
This will be the 3rd judgment that will be delivered by a court of competent jurisdiction on charges of fraud filed by the EFCC against the former governor.
