A Federal High Court, Abuja, on Monday, discharged a former Governor of Imo State, Rochas Okorocha, of 2.9 billion naira fraud charge preferred against him by the Economic and Financial Crimes Commission.
Justice Inyang Ekwo, in a ruling, struck out the EFCC’s suit for being in contravention of 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.
Justice Ekwo said the directive of the AGF and Minister of Justice, Abubakar Malami, 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 trial 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.
