Court declines Okorocha’s application to stop EFCC, Imo government on confiscation of properties

Okorocha, who is currently the Senator for Imo West, had through his lawyer, Mr. Oba Maduabuchi, SAN, prayed the court to order all the parties to maintain status quo, pending the determination of a suit marked FHC/ABJ/CS/558/2020, which he filed to challenge his probe by both EFCC and Imo State government.

The embattled former governor alleged plot by the Imo State government to rely on reports of various panels of enquiry that were constituted against him, to seize his assets during the ongoing annual vacation by courts.

He specifically applied for an order of the court, restraining the Defendants, their agents, employees and/or privies, from implementing, continuing to implement or in any way, giving effect to the recommendations of the following panels which were set up by the lmo State Government.

“The lmo State Panel on Contracts Award from 2006 to 2017 and headed by the Honourable Justice B. C Iheaka.

“The judicial commission on lands and Related Matters headed by the Honourable Justice Florence Duruoha lgwe.

“Panel on the activities of ISOPADEC headed by Chief R. C. O. Ezeogu.

“Panel on the status of newly established Tertiary institutions headed by Professor Judge Njoku.

“Panel to investigate financial transactions in lmo State headed by Dr. Abraham Nwankwo.

“Committee to Review Appointments, recruitments and Related Matters from 2015 till date headed by Mr. Okey Anyanwu.

As well as, “Committee for the investigation of LGA and counselors headed by Eze Duru Iheoma (SAN)”.

Okorocha told the court that the various panels were constituted after the Imo state government sponsored various petitions that were lodged against him before the EFCC.

He maintained that except the court intervened, the Defendants would move against his properties, thereby rendering his pending suit worthless.

“That the Defendants would have completely implemented the entire recommendations of the various panels, thus rendering this entire proceedings impotent and academic”, Okorocha pleaded.

While EFCC and the Attorney General of Imo State were cited as 1st and 2nd Defendants, listed as 3rd to 48 Defendants in the matter are 10 members of the Justice B.C. Iheaka-led probe panel on contracts awards from May 2006 to May 2017; members of the Justice Florence Duroha Igwe-led Judicial Commission on Lands and Related Matter.

Other Defendants are members of the panel to investigate the activities of ISOPADEC; members of the panel to investigate the status of the newly established tertiary institutions; members of the investigative committee for financial transactions in Imo State; Committee for the Review of appointments, recruitments and related matters from 2015 till date and the Committee for the investigation of LGA.

Meanwhile, when the matter came up yesterday, some of the Defendants, through their lawyers, notified the court that they filed motions to challenge the jurisdiction of the court to hear the matter during vacation.

The Defendants argued that Okorocha failed to comply with mandatory requirements in Order 46 Rule 5 of FHC Civil Procedure Rules, 2019, that would have allowed the court to entertain the matter while on vacation.

They insisted that their application which is challenging the jurisdiction of the court ought to be determined first before Okorocha’s application could be heard.

In his ruling, Justice Ahmed Mohammed agreed with the Defendants and refused Okorocha’s plea for a preservative order over his properties.

Justice Mohammed held that issuing such order would mean that the court has already assumed jurisdiction over the matter.

He therefore adjourned the matter till August 24 to hear all the applications challenging jurisdiction of the Court