The judge held that from the moment the AGF gave the directive to the EFCC, it ceased to have the legal authority to continue Okorocha’s prosecution.
By Jeffrey Agbo
A Federal High Court in Abuja has struck out charges of alleged N2.9 billion fraud brought against former Imo State governor, Senator Rochas Okorocha.
Ruling on Monday, Justice Inyang Ekwo said the charges contravened Section 105 (3) of the Administration of Criminal Justice Act (ACJA), 2015, which gives the Attorney-General of the Federation (AGF) the power to recall a case.
The judge ruled on a preliminary application filed by Okorocha.
Ekwo said the directive of the AGF and Minister of Justice, Abubakar Malami, in a letter dated 12 September 2022, to the EFCC to forward the case file with its comments on the issues for consideration and review, was binding on the commission.
“All that the law required of the respondent (EFCC) was for the respondent when directed by the HAGF (Honourable Attorney General of the Federation), pursuant to any enactment, is to comply and not act as if it is not under the law or is exempted thereby.
“For the avoidance of doubt, the office of the HAGF is founded on the provisions of the constitution and is thereby preserved.
“The controversies and drama surrounding this trial proceeding is needless and it is time to stop it,” he said.
The judge further held that from the moment the AGF gave the directive to the EFCC, the commission ceased to have the legal authority to prosecute or continue Okorocha’s prosecution.
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“In other words, the intervention of the HAGF in any criminal proceedings ends the authority of the prosecuting agency in the matter unless otherwise directed by the HAGF.
“In the end, I find that non-compliance by the respondent with the directive of the HAGF as stated in Exhibit Okorocha 7 is fatal to this proceeding and has rendered it a nullity.
“The respondent is not empowered by any law to continue with this proceeding after the HAGF issued the directive in Exhibit Okorocha 7.
“With Exhibit Okorocha 7, it is only the HAGF that can decide whether or not to charge the defendants upon the case file being remitted to his office as directed,” he added.
Ekwo agreed with the defendants that the earlier judgement of a court of coordinate jurisdiction sitting in Port Harcourt in suit number: FHC/PH/FHR/165, between Okorocha and EFCC, restraining the agency from further proceeding on the alleged offence had not been set aside.
Okorocha, who was the first defendant, was arraigned alongside Anyim Nyerere Chinenye, Naphtali International Limited, Perfect Finish Multi Projects Limited, Consolid Projects Consulting Limited, Pramif International Limited, and Legend World Concepts Limited as second to seventh defendants respectively.
