Abuja high court dismisses EFCC corruption charges brought against Rochas Okorocha

FORMER Imo State governor Senator Rochas Okorocha has had the N2.9bn fraud charges brought against him by the Economic and Financial Crimes Commission (EFCC) dismissed by an Abuja federal high court.

Senator Okorocha, the lawmaker representing Imo West Senatorial District, governed Imo State between 2011 and 2019. Since leaving office as governor, Senator Okorocha has been arrested and charged by the EFCC on allegations bordering on money laundering while he served as Imo State governor.

Today, Justice Inyang Ekwo struck out the charges for contravening section 105 (3) of the Administration of Criminal Justice Act, 2015, which gives the attorney-general of the federation the power to recall a case. He ruled on a preliminary application filed by Senator Okorocha.

Justice Ekwo said the directive of the attorney-general Abubakar Malami, in a letter dated September 12 2022, to the EFCC to forward the case file with its comments on the issues for consideration and review, was binding on the commission. He ruled: “All that the law required of the respondent (EFCC) was for the respondent when directed by the 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 attorney-general 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.”

“In other words, the intervention of the attorney-general in any criminal proceedings ends the authority of the prosecuting agency in the matter unless otherwise directed by the minister. In the end, I find that non-compliance by the respondent with the directive of the attorney-general as stated in Exhibit Okorocha Seven, 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 attorney-general issued the directive in Exhibit Okorocha Seven. With Exhibit Okorocha Seven, it is only the attorney-general that can decide whether or not to charge the defendants upon the case file being remitted to his office as directed.”