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

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

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
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Headlines

Commission, journalists partner to revamp water sector in Kaduna

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The Kaduna State Water Services Regulatory Commission (KADWREC) says it is partnering media practitioners towards revamping water services in the state.

Mr Dogara Bashir, the Executive Chairman of KADWREC, disclosed this on Monday at a one-day workshop organised for media practitioners on regulation of ‘Water, Sanitation and Hygiene’ (WASH) activities held in Kaduna.

Bashir said the commission was aware of the importance of the role media practitioners played in the society.

He stated that the workshop was to provide an avenue to liaise with them as important stakeholders on water supply and sanitation services in the state.

Bashir said: “As media practitioners, we believe you are a gateway to the citizens so, the workshop would acquaint you with some of the regulations already in place so that you can in turn transmit it to the public

“The state of water services in Kaduna State is in dire need of attention and the State Water Corporation and KADWREC were established towards addressing the seeming challenges.

“The commission is mandated to ensure better service delivery and regulation of water and sanitation services in the State.

“The idea is that once the regulations are developed, we send them to the State Ministry of Justice to gazette and then we get the state government to endorse and give the go ahead to commence the implementation of the regulations

“We intend to implement them fully come January, 2025 God willing, as we have embarked on advocacy activities having gone to zones 1 and 2 where we talked to traditional rulers, security agencies and the Judiciary.”

He disclosed that a special Court has already been attached to the commission by the Chief Judge of the State for service providers who may likely violate regulations.

The chairman further said that amongst the commission’s objectives include ensuring security, reliability and quality of service in the production and delivery of water to the consumers as well making regulations to control the sinking of boreholes.

Others included; maximising access to water services by promoting and facilitating consumer connections to distribution systems in urban and rural areas.

According to Bashir, they also include ensuring that regulatory decision-making has regards to all the relevant health, safety, environmental and social legislation applying to the water sector.

Bashir further said that the commission collaborate with the relevant state and federal agencies on water policies.

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Crime

2 ladies docked for allegedly obtaining money by fraud

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The police in Lagos have dragged two women, Mmesuma Ofunna, and Blessing Adimekwe, before an Ojo Magistrates’ Court in Lagos, over alleged obtaining money by false pretence.

Ofunna, 22, and Adimekwe, 25, were arraigned before the Magistrate, Mr L K J Layeni, on a four-count charge bordering on conspiracy, obtaining by false pretence, stealing and conduct likely to breach peace.

They each, however, pleaded not guilty to the charge.

The prosecutor, ASP Simon Uche, told the court that the defendants conspired with others now at large, to commit the offence on Oct. 26 at the Okokomaiko area of Ojo.

He alleged that they had obtained the sum of N70, 000 from one Faith Ahamefule, with a promise not to post her nude photo on social media.

The prosecutor alleged that the defendants later posted the nude photo of the nominal complainant on social media, knowing that their promise was false.

He alleged that they stole the N70, 0000, thereby conducting themselves in a manner likely to breach public peace.

The offence contravenes the provisions of sections 168(d), 287, 314, and 411 of the Criminal Law of Lagos State 2015.

The court granted the defendants bails in the sum of N500, 000 each, with two sureties each in like sum.

He adjourned the case until Jan. 8, 2025 for mention.

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Headlines

Driver jailed 6 months for attempting to steal a car

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A Jos Magistrates’ Court on Monday, sentenced a 37-year-old driver, Ahmad Umar to six months in imprisonment for attempting to steal a car.

The Magistrate, Shawomi Bokkos, summarily tried and sentenced the convict after he pleaded guilty to the charge.

Bokkos in his judgment, ordered the convict to pay an option of N30, 000 fine or spend six months in prison.

Earlier, the Prosecutor, Insp Ibrahim Gokwat, told the court that the case was reported on Oct. 10, at the Area Command Police station through a distress call by one Sydney Peacemorie the complainant.

Gokwat said the complainant parked his Toyota RAV4 in front of Access Bank and went inside to carry out some transactions, only to return to find the convict inside his car.

“The convict unlawfully opened the car and was in the driver’s seat when the complainant raised alarm and he was apprehended, but his accomplice escaped.

“The convict was severely beaten by a mob but was rescued by the police,” said Gokwat.

“The prosecutor said that the offence contravened the Plateau Penal Code Law.

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