Justice Yusuf Halilu of the High Court of the Federal Capital Territory (FCT) has acquitted Senator Rochas Okorocha of corruption charges brought against him by the Economic and Financial Crimes Commission (EFCC). This marks the third time that Okorocha has been cleared by courts regarding allegations of fraud and corruption during his tenure as the governor of Imo State from 2011 to 2019.
Justice Halilu dismissed the charges against Okorocha, stating that they were an abuse of court processes. The court ruled that it was improper for the EFCC to repeatedly file similar charges against the defendant in different courts, especially when a competent court had already made a decision on the matter.
In a previous judgment in 2021, Justice Stephen Pam of the Federal High Court in Port Harcourt declared the EFCC charge against Okorocha illegal, null, and void, effectively ending the investigation. The court also prohibited the EFCC from prosecuting the former governor for any alleged offenses related to the investigation.
Despite this, the EFCC arrested Okorocha on May 24, 2022, and subsequently arraigned him and six others before the Federal High Court in Abuja, accusing them of embezzling N2.9 billion belonging to the Government of Imo State. However, on February 6, 2023, Justice Inyang Ekwo struck out the charges, citing a provision in the Administration of Criminal Justice Act (ACJA), 2015, which gives the Attorney-General of the Federation the power to recall a case. The court agreed with Okorocha that the earlier judgment from a court in Port Harcourt restraining the EFCC from further prosecuting him still stood.
Unsatisfied, the EFCC filed another set of charges against Okorocha at the High Court of the FCT. However, Okorocha’s lawyer argued that the charges were an abuse of court processes. In the ruling delivered on Friday, Justice Halilu agreed with Okorocha’s argument, stating that it was wrong for the EFCC to bring a case that had already been decided by a court of equal jurisdiction. The judge emphasized that the EFCC must operate within the law and respect the decisions of the courts.
Justice Halilu highlighted that evidence presented showed that Okorocha had previously been acquitted of fraud and corruption charges by a Federal High Court in 2021. He warned that nobody, including government agencies, is above the law and advised the EFCC to accept that there should be an end to litigation. As a result, the court discharged Okorocha, dismissing the charges against him.