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A Federal Excessive Court docket in Abuja on Monday discharged former Governor of Imo State, Rochas Okorocha, of the N2.9 billion fraud cost most popular towards him by the Financial and Monetary Crimes Fee (EFCC).
Delivering the ruling, Justice Ekwo, struck out the fees for contravening part 105 (3) of the Administration of Prison Justice Act (ACJA), 2015, which supplies the Lawyer-Common of the Federation the facility to recall a case.
The ruling was based mostly on a preliminary software filed by Mr. Okorocha.
EFCC should adjust to the AGF’s directive
Mr. Ekwo mentioned the directive of the AGF and Minister of Justice, Abubakar Malami, in a letter dated 12 September 2022, to the EFCC to ahead the case file with its feedback on the problems for consideration and evaluation, was binding on the fee.
- He mentioned, “All that the legislation required of the respondent (EFCC) was for the respondent when directed by the HAGF (Honourable Lawyer Common of the Federation), pursuant to any enactment, is to conform and never act as if it’s not below the legislation or is exempted thereby.
- “For the avoidance of doubt, the workplace of the HAGF is based on the provisions of the structure and is thereby preserved.
- “The controversies and drama surrounding this trial continuing are unnecessary and it’s time to cease it.’’
The choose additional held that from the second the AGF gave the directive to the EFCC, the fee ceased to have the authorized authority to prosecute or proceed the prosecution of the case.
- The choose added, “In different phrases, the intervention of the HAGF in any legal proceedings ends the authority of the prosecuting company within the matter until in any other case directed by the HAGF.
- “Ultimately, I discover that non-compliance by the respondent with the directive of the HAGF as said in Exhibit Okorocha 7 is deadly to this continuing and has rendered it a nullity.
- “The respondent is just not empowered by any legislation to proceed with this continuing after the HAGF issued the directive in Exhibit Okorocha 7.
- “With Exhibit Okorocha 7, it’s only the HAGF that may determine whether or not or to not cost the defendants upon the case file being remitted to his workplace as directed.’’
For the report
- Okorocha, who can also be a sitting senator, has been having a working battle with the EFCC for a while now, which climaxed with the invasion of his Abuja residence in Might 2022, by operatives of the fee.
- Recall that on January 31, 2022, the EFCC first filed 17-count legal fees towards Rochas Okorocha and others at a federal excessive court docket in Abuja over an alleged conspiracy to steal N2.9 billion in public funds.
- He was accused of conspiring with others, together with a member of APC and 5 corporations to steal from public coffers, an allegation the previous governor denied.
- Mr. Okorocha was later arraigned in Might 2022, alongside 6 others together with a chieftain of APC, Anyim Chinenye, and 5 corporations – Naphtali Worldwide Restricted, Good End Multi Tasks Restricted, Consolid Tasks Consulting Restricted, Pramif Worldwide Restricted, and Legend World Ideas Restricted.
- Okorocha described the go well with as being “illegal, baseless, oppressive, and a gross abuse of the method of the court docket.”
- He mentioned the investigation “on which the mentioned cost was predicated, was the subject material of go well with quantity: FCH/PH/FHR/165/2021 whereby this Hon. Court docket, Coram Pam, J. had, within the last judgment on the go well with of the applicant. declared illegal and made an order prohibiting the EFCC from additional continuing.
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