ABUJA, Nigeria – A High Court in the Federal Capital Territory, FCT, has once again cleared former Imo State Governor, Senator Rochas Okorocha, of corruption charges brought against him by the Economic and Financial Crimes Commission, EFCC.
Justice Yusuf Halilu on Friday, July 14, 2023, dismissed the charges filed by the EFCC against Okorocha, deeming them an abuse of court processes.
This marks the third time the former governor has been discharged in connection to allegations of fraud and corruption said to have been committed during his tenure as governor from 2011 to 2019.
The court highlighted the EFCC’s erroneous approach of filing similar charges against the defendant in various courts, particularly when a court of competent jurisdiction has already ruled on the matter.
In 2021, Justice Stephen Pam of the Federal High Court in Port Harcourt quashed a previous EFCC charge against Okorocha, declaring the investigation which underpinned the charge as “illegal, unlawful, null and void.”
Despite this, the commission arrested Okorocha on May 24, 2022, following a six-hour siege at his Abuja residence.
Okorocha and six others were subsequently arraigned before the Federal High Court in Abuja on allegations of embezzling N2.9 billion belonging to the Imo State Government.
However, on February 6, 2023, Justice Inyang Ekwo struck out the charges against Okorocha for contravening Section 105 (3) of the Administration of Criminal Justice Act (ACJA), 2015.
This section empowers the Attorney-General of the Federation to recall a case.
Undeterred, the EFCC approached the FCT High Court, filing yet another set of charges against Okorocha.
The former governor’s lawyer, Chief Ola Olanipekun, SAN, challenged the competency of the charge, claiming it was an abuse of court processes.
Delivering his ruling, Justice Halilu upheld the claim, criticising the EFCC for bringing a suit that has already been decided by a court of coordinate jurisdiction, especially in light of an existing order restraining the agency from prosecuting Okorocha.
While acknowledging that the EFCC possesses extensive investigatory and prosecutorial powers, Justice Halilu stressed the importance of operating within the law.
He urged the EFCC to “be a respecter of the law” and to acknowledge that “there must be an end to litigation.”
The judge then dismissed the charge, saying, “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.” This judgement yet again underscores Okorocha’s series of legal victories against EFCC’s allegations.
