On Friday, a Federal High Court in Abuja postponed a decision on an application made by Senator Rochas Okorocha, the former governor of Imo, until February 6.
After the parties’ attorneys adopted their procedures and stated their justifications for and against Okorocha’s preliminary objection, Justice Inyang Ekwo set the date.
According to the News Agency of Nigeria, Okorocha requested an order tossing the charge and/or all counts of the charge brought against him as a result of the EFCC’s investigation into his actions while serving as governor of Imo between 2011 and 2019. The motion on notice was dated and filed on October 28 and bears the file number FHC/ABJ/CR/28/22.
Okorocha, who currently represents Imo West Senatorial District, described the suit as being “unlawful, baseless, oppressive and a gross abuse of the process of the court.”
He said that 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.”
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But the EFCC, in its counter affidavit dated and filed on Nov. 18, said it had seen and read through Okorocha’s motion dated Oct. 28, that “the depositions therein are grossly misleading and untrue particularly paragraphs 3 and 4.”
The anti-corruption agency urged the court to dismiss the application for lacking merit.
Upon resumed hearing in the matter, Okorochas’ lawyer, Ola Olanipekun SAN, prayed the court to grant the application and quash the 17-count charge preferred against his client
The EFCC’s lawyer, K. N. Ugwu, who disagreed with Olanipekun’s submission, urged the court to dismiss the motion in its entirety.
Similarly, Darlington Ozurumba, representing Consolid Projects Consulting Ltd (5th defendant), also adopted his motion on notice, seeking the order dismissing the charge against the company.
He urged the court to quash and dismiss the entire suit for being an abuse of the court process.
In opposition to the application, Ugwu told the court that the 5th defendant cannot benefit from a judgement it was not part of, urging the court to discountenance his argument.
NAN reports that Justice Ekwo had, on Wednesday, fixed today for the hearing of the preliminary objection filed by the lawmaker.
Okorocha, who is the 1st 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 2nd to 7th defendants respectively.
NAN also reports that Justice Ekwo, on May 31, admitted Okorocha to bail in the sum of N500 million with one surety in like sum.
The judge also granted Okorocha’s co-defendant, Chinenye, bail in the terms of the administrative bail earlier granted to him by the EFCC.
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