Okorocha and Others Are Freed From Charges Of N2.9 Billion Fraud
The Federal High Court in Abuja on Monday dismissed the N2.9 billion fraud accusations made against former Imo governor Rochas Okorocha by the Economic and Financial Crimes Commission (EFCC).
Inyang Ekwo ruled against the claims of breaking section 105 (3) of the Administration of Criminal Justice Act (ACJA), 2015, which gives the Attorney-General of the Federation the power to recall a case.
The decision related to a preliminary application Mr. Okorocha submitted. As of the time the court concluded the hearing on Monday, the EFCC had not yet started calling witnesses.
According to Mr. Ekwo, the EFCC must follow the instructions given by the AGF and Minister of Justice, Abubakar Malami, in a letter dated September 12, 2022, to transmit the case file together with its comments on the problems for evaluation and assessment.
“All that the law demanded of the respondent (EFCC) was for the respondent to comply and not behave as if it is not subject to the law or is exempt therefrom when commanded by the HAGF (Honorable Attorney General of the Federation) according to any legislative.
For the avoidance of doubt, the HAGF’s office is maintained since it is established on constitutional principles.
“It is time to end the debates and drama surrounding this trial procedure,” he remarked.
The court additionally ruled that the EFCC lost its legal ability to prosecute or continue the case’s prosecution as of the time the AGF handed the commission the instruction.
In other words, until the HAGF directs differently, the prosecuting agency’s power in a criminal case is terminated by the HAGF’s involvement.