News

Alleged N2.9bn fraud: Court discharges Okorocha, others

Published

2 years ago

February 6, 2023

Alleged N2.9bn fraud: Court discharges Okorocha, others

A Federal High Court, Abuja, on Monday, discharged former Governor of Imo, Sen. Rochas Okorocha, of N2.9 billion fraud charge preferred against him by the Economic and Financial Crimes Commission (EFCC).

Justice Inyang Ekwo, in a ruling, struck out the EFCC’s suit for being in contravention with Section 105 (3) of the Administration of Criminal Justice Act (ACJA), 2015, which gives the Honourable Attorney-General (HAGF) of the Federation the power to recall a case.

Justice Ekwo said that the directive of the AGF and Minister of Justice, Abubakar Malami, SAN, in a letter dated Sept. 12, 2022, to the anti-graft agency to forward the case file as well as the EFCC’s 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, 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 tral 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 the prosecution of the case.

“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.

Besides, Justice Ekwo agreed with the defendants that the earlier judgment of a court of coordinate jurisdiction sitting in Port Harcourt in suit number: FHC/PH/FHR/165, between Okorocha and EFCC, retraining the agency from further proceeding on the alleged offence had not been set aside.

According to him, the order is binding until it is set aside.

“The fact that a person refuses to comply with the law does not change the law, neither does the law change to accommodate the act of non-compliance by any person.

“What happens when a person elects not to comply with the law is that the law turns its back on the person.

“When that happens, every action or decision taken by such person in the process of non-compliance becomes illegal and the court will set aside such act of non-compliance ex debito justitiae.

“This is so because there is no machination that can be used to salvage an illegal act,” he said.

The judge, who said that Okorocha’s and 5th defendant (Consolid Projects Consulting Ltd.)’s objections succeeded on merit, struck out the charge.

“I therefore make an order striking out the charge which found this proceeding. The consequence is that the defendants are discharged,” Ekwo declared.

The News Agency of Nigeria (NAN) reports that the EFCC had said it received an intelligence report about criminal diversion, abuse of office and money laundering against Okorocha while running the affairs of Imo State government between 2011 and 2019.

The commission said that the intelligence was investigated and confirmed to be true.

The anti-corruption agency then filed a 17-count charge marked: FHC/ABJ/CR/28/22 against Okorocha and others.

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.

He was alleged to have laundered funds to the tune of N2.9 billion while serving as governor of Imo.

But Justice Ekwo, on May 31, 2022, admitted Okorocha to bail in the sum of N500 million with one surety in like sum.

The judge also granted Okorocha’s co-defenndant, Chinenye, bail in the terms of the administrative bail earlier granted to him by the EFCC.

But Okorocha, who currently represents Imo West Senatorial District, had filed a preliminary objection, alongside the 5th defendant, praying for an order quashing the charge and/or all counts of the charge preferred against him.

The senator 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 subject matter of suit number: FCH/PH/FHR/165/2021 wherein this Hon. Court, Coram Pam, J. had, in final judgment at the suit of the applicant. declared unlawful and made an order prohibiting the EFCC from further proceeding.”

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 in merit.(NAN)

Alleged N2.9bn fraud: Court discharges Okorocha, others

Headlines

NSCDC arrests 5 suspected vandals in A’Ibom,

Published

3 minutes ago

January 22, 2025

Saadatu Sahabo

The Nigeria Security Civil Defence Corps (NSCDC), Akwa Ibom Command, says it has arrested five suspected vandals for vandalising public infrastructure in the state.

The State Commandant of the corps, Mr Bashar Hussaini disclosed this in an interview with the News Agency of Nigeria (NAN), Uyo on Wednesday.

Hussaini said the suspects were arrested within the month, for vandalising electric cables and roofing sheets in public places.

According to him, three of the suspects were arrested for vandalising aluminium roofing sheets at international market in Itam, while the other two were nabbed for vandalising electric cables.

“As the leading agency in protection of critical infrastructure, we have deployed our men to all flashpoints and strategic places in the state to ensure that vandalism is brought to the barest minimum.

“This is to ensure our swift response in case of any report. We don’t have to wait until they come to us in the command. Our projection is to ensure that we meet up with our crime mapping.”

The commandant noted that it was worrisome that government would spend huge resources in providing infrastructure for the benefit of citizens, only for hoodlums to vandalise them for their selfish interest.

He said that the command would henceforth not only target the vandals, but also those who patronise them, adding that this would help to curb the menace.

“The corps is taken vandalism of government critical infrastructure very serious, and we are looking forward to receiving information from the public to help us protect the infrastructure for the benefit of all citizens.

”Those we have arrested already will be prosecuted to serve as deterrent to others,” he said.

Hussaini reiterated the commitment of the command to tackling vandalism head-on, and making the state uncomfortable for vandals and criminal elements.

He added that the command, would continue to deploy intelligence and community based approach to security since the initiative was yielding positive results.

He called on residents to partner with the corps on timely dissemination of information of criminal activities in their communities for prompt action.

Developmental

Wike’s projects beaming light of hope on rural communities – Etsu Kwali

Published

27 minutes ago

January 22, 2025

Saadatu Sahabo

Mr Luka Nizassan, Etsu of Kwali, Kwali Area Council of the Federal Capital Territory (FCT), says FCT Minister Nyesom Wike’s rural road projects are beaming a light of hope on rural communities.

Nizassan stated this while reacting to the newly inaugurated 11-kilometre Yangoji – Sukuku – Ebbo Road in the area council executed by the Wike-led FCT Administration.

He told the News Agency of Nigeria (NAN) in Abuja on Wednesday, that the communities contribute 30 per cent of food production to the Kwali Area Council.

He described the road project as the most impactful project undertaken by the Wike-led FCT Administration to transform rural communities.

According to him, the construction of the road has renewed the hope and trust of his people in President Bola Tinubu-led federal government and the commitment to deliver good governance to the people.

“No one would have thought that these communities would receive such massive infrastructural intervention until Wike beamed the light of hope on us.

“This road will increase agricultural production by enhancing the movement of farm machines and reducing the cost of transporting agricultural inputs.

“The communities are now accessible for businesses and the evacuation of agricultural products to larger markets, thereby, increasing the economic value of agricultural products.

“This will have a direct bearing on food security and poverty reduction.”

The traditional ruler added that one of the immediate benefits of the road was the significant improvement of security in the area.

He explained that the communities were hitherto prone to kidnappings and other security challenges.

“The road has now provided security agencies the needed access to patrol and respond to distress calls promptly, thus, de-escalating the activities of criminal elements in the area,” he said.

NAN reports that the FCT Minister had on Monday begun the inauguration of completed road projects in rural communities across the six area councils of the territory, beginning with a five-kilometre road in Abaji Area Council.

Wike, said while inaugurating the 11-kilometre Yangoji–Sukuku–Ebo Road on Tuesday, that the gesture was part of Tinubu’s commitment to develop rural communities.

Headlines

NDLEA secures 107 convictions of illicit drugs peddlers in Jigawa

Published

1 hour ago

January 22, 2025

Saadatu Sahabo

The National Drug Law Enforcement Agency (NDLEA), Jigawa Command, says it secured the conviction of 107 illicit drug peddlers in the state in 2024.

The State Commander of the Agency, Mr Musa Maina, disclosed this in an interview with the News Agency of Nigeria (NAN), Dutse, on Wednesday.

Maina said that 702 suspects, comprising 25 females and 677 males were arrested within the period under review, while 592,626.52 Kilo grams of substances suspected to be illicit drugs were seized.

He explained that the substances comprises of 466.968 Kilo grams of suspected cannabis sativa, 23.655 Kilo grams of suspected psychotropic substances and 100.185 Kilo grams of other substances of abuse.

He also said that the command within the period under review, counselled 591 drug users, comprising 27 females and 564 males on the negative effects of drug abuse.

He further said that the command successfully rehabilitated 36 drug dependent persons at its rehabilitation centre.

“According to him, we were also able to successfully rehabilitate 36 drug dependent persons at our rehabilitation center, as well as deliver 99 drug preventive education lectures and advocacy talks.

”The lectures and advocacy talks were done through various medium including tertiary institutions, the NYSC, government agencies, drug free club, CSOs, market places, as well as print and electronic media.”

The state commander added that the command had remained steadfast and was committed to reducing the demand for illicit drugs and other substances of abuse in the state.

“The command worked hard with great determination to limit the supply and abuse of hard drugs and other psychoactive substances and we are committed to doing even more to achieve much greater feat.

”While I solicit for greater collaboration from stakeholders to rid the state of substance abuse, I commended traditional and religious institutions, as well as the state government for their support and cooperation to the agency in its fight against drug abuse thus far.

”I also enjoin residents of the state to join hands with us in the fight against the menace of illicit drug trafficking and substance abuse.