A federal capital territory high court in Abuja has
dismissed a criminal suit filed by the Economic and Financial Crimes Commission
(EFCC) against Rochas Okorocha, former Imo state governor.
Yusuf Halilu, presiding judge, dismissed the suit for being
“an abuse of court process”.
The EFCC alleged that the former governor laundered N2.9
billion during his tenure as governor from 2011 to 2019.
Okorocha had challenged the competency of the charge,
arguing that there are subsisting orders restraining the commission from trying
him with the same allegations.
He said a federal high court in Port Harcourt, on December
6, 2021, granted an application stopping his prosecution, after faulting the
process of investigation adopted by the agency.
Okorocha said since that order is still subsisting, the
present charge by the EFCC is an abuse of prosecutorial powers and judicial
process.
He also cited a ruling of an Abuja federal high court delivered
in February 2023, which dismissed a similar suit filed by the commission.
However, the EFCC had argued otherwise, stating that the
fresh charge is different from the previous suits.
‘THE COURT IS BOUND
HANDS AND LEGS’
Delivering the ruling on Friday, the FCT high 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.
Halilu said the judgement of the Port Harcourt court is
still valid since it has not been vacated by a court of appeal.
“An order made by a
court is still valid until it is vacated by a competent court,” he said.
He said the EFCC 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,” the judge said.
“This court is bound hands and legs by the decision of the
federal high court.”
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