Why court dismissed EFCC’s fraud charges against former Imo State Governor, Rochas Okorocha

A Federal Capital Territory High Court in Abuja has dismissed a criminal suit filed by the Economic and Financial Crimes Commission (EFCC) against a former Governor of Imo State, Rochas Okorocha, describing it as an abuse of court process.

Delivering the judgement, the presiding judge, Yusuf Halilu, ruled that the EFCC’s charges of fraud and abuse of office against Okorocha is an abuse of judicial process on the grounds that the anti-graft agency had filed a similar charge against the defendant at the Federal high court.

Charges earlier invalidated by the court

Halilu of the FCT court held that the charge before it is a product of the same investigation which was invalidated by the federal high court in Port Harcourt.

The judge said the judgement of the Port Harcourt court is still valid since it has not been vacated by a court of appeal.

• He said, “An order made by a court is still valid until it is vacated by a competent court,’’ noting that the anti-graft agency ought to have “challenged the pronouncement of the federal high court, Port Harcourt” before the court of appeal and followed through till it is concluded.
• “Any step taken in filing any charge against the defendant which stems from the same investigation, cannot stand.
• “This court is bound hands and legs by the decision of the federal high court.”

What you should know

• Okorocha, who also was a senator in the 9th session of the National Assembly, has been having a running battle with the EFCC for some time now, which climaxed with the invasion of his Abuja residence in May 2022, by operatives of the commission.
• Recall that on January 31, 2022, the EFCC first filed 17-count criminal charges against Rochas Okorocha and others at a federal high court in Abuja over an alleged conspiracy to steal N2.9 billion in public funds.
• He was accused of conspiring with others, including a member of APC and 5 companies to steal from public coffers, an allegation the former governor denied.
• Mr. Okorocha was later arraigned in May 2022, alongside 6 others including a chieftain of APC, Anyim Chinenye, and 5 companies – Naphtali International Limited, Perfect Finish Multi Projects Limited, Consolid Projects Consulting Limited, Pramif International Limited, and Legend World Concepts Limited.
• Okorocha described the suit as being “unlawful, baseless, oppressive, and a gross abuse of the process of the court.”
• He said the investigation “on which the said charge was predicated, was the subject matter of suit number: FCH/PH/FHR/165/2021 wherein this Hon. Court, Coram Pam, J. had, in the final judgment at the suit of the applicant. declared unlawful and made an order prohibiting the EFCC from further proceeding.
• However, the EFCC argued otherwise, stating that the fresh charge is different from the previous suits.