A Federal Capital Territory, FCT, High Court in Abuja, Nigeria’s capital, has discharged Senator Rochas Okorocha of a 2.9 billion naira corruption allegation levelled against him by Nigeria’s Anti-graft Agency, the Economic and Financial Crimes Commission (EFCC).
Justice Yusuf Halilu in a judgment on Friday held that the EFCC’s charges of fraud and abuse of office against the former Imo State Governor in South East Nigeria, Senator Okorocha, is an abuse of judicial process.
The court said that a similar charge against the former Imo State governor by EFCC at the Federal High Court Abuja was decided in favour of the former governor in December 2022.
The court held that an order made by a court of competent jurisdiction is valid until it is set aside.
“The EFCC should have appealed the judgment of the federal high court as the pronouncement made by the judges remains law.
The suit filed by the EFCC is an abuse of the court process. The charges before the court are consequently dismissed for being an abuse of the court process,” Justice Halilu held.
This is the 3rd judgment that was delivered by a court of competent jurisdiction on charges of fraud filed by the EFCC against the former governor.
A Federal High Court in Abuja had on the 6th of February, 2023, discharged Senator Okorocha of N2.9 billion fraud charges preferred against him by the Anti-graft Agency.
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.
The court agreed with Senator Okorocha that the earlier judgement of a court of coordinate jurisdiction sitting in Port Harcourt in a suit between him and EFCC, restraining 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 24th, 2022, arrested the former governor of Imo State after over six hours of a siege at his house in Abuja.
N.O
