The Economic and Financial Crimes Commission (EFCC) has failed in its allegations of corruption against former Imo Governor Senator Rochas Okorocha, as the Federal Capital Territory (FCT) High Court in Abuja has acquitted him of all charges.
Justice Yusuf Halilu, the presiding judge, condemned the EFCC for filing the charges in his court despite having already filed them in the Federal High Court, which resulted in their dismissal. He deemed this action a severe abuse of the judicial process by the EFCC.
During the judgment, Justice Halilu emphasized that the EFCC should demonstrate respect for the law that brought it into existence.
The EFCC had prosecuted Okorocha on a 17-count charge related to conspiracy, stealing, conversion of public funds, and money laundering, amounting to N3.1 billion.
Justice Halilu recalled previous rulings on the same matter, which the EFCC was aware of, yet the agency still chose to bring the same charges against Okorocha in his court. He cited the case in which Justice Inyang Ekwo of the Federal High Court in Abuja had acquitted and discharged Okorocha of the fraud charge brought by the EFCC on February 6, 2023.
The ruling of the Abuja High Court stemmed from an earlier judgment of a court in Port Harcourt, which restrained the EFCC from further prosecuting Okorocha. Justice Stephen Pam of the Federal High Court in Port Harcourt had declared the prosecution unlawful and issued an order prohibiting the EFCC from continuing with the case.
Justice Halilu acknowledged the successful argument made by Okorocha’s counsel, Ola Olanipekun, a Senior Advocate of Nigeria (SAN), who effectively incorporated the previous court decisions. The judge concurred with the claim that the EFCC had indeed abused the judicial process by bringing the same charges against Okorocha in the FCT High Court.
While acknowledging that the identical criminal charges brought before the Federal and FCT High Courts against Okorocha are considered an abuse of the judicial process, Justice Halilu concluded by stating that any action taken to pursue these charges, which have been declared null and void by a competent court, must be challenged on the basis of such abuse.
In response to the outcome, Okorocha expressed gratitude to the judiciary for their handling of the case.
“An order made by a court of competent jurisdiction is valid until it is declared null a court of competent jurisdiction”.
“That’s is why any step taken in filing any charge against the first defendant/applicant towards or stemmed from the same investigation which has been declared null and void and unconstitutional by a Federal High Court shall always be challenged on grounds of an abuse of court process”.
Although the number of charges differs between the two charge sheets, it remains a fact that they originated from the same investigation, which was deemed illegal and unconstitutional by the Federal High Court.
He emphasized that the EFCC must demonstrate genuine compliance with the law, as it is an entity created by the law itself. The court is always essential for the prosecution of the anti-graft agency’s cases, and it has contributed to enhancing the agency’s reputation.
Okorocha, present in court during the proceedings, expressed his gratitude to the judiciary for the outcome of the case.
