An Abuja High Court, has dismissed a criminal suit filed by the Economic and Financial Crimes Commission (EFCC) against former Governor Rochas Okorocha of Imo State.
The Presiding Judge, Yusuf Halilu, on Friday, dismissed the suit for being “an abuse of court process.
The EFCC alleged that the former governor laundered N2.9 billion during his tenure as governor from 2011 to 2019.
Okorocha had challenged the competency of the charge, arguing that there are subsisting orders restraining the Commission from trying him with the same allegations.
According to him, a Federal High Court in Port Harcourt, on December 6, 2021, granted an application stopping his prosecution, after faulting the process of investigation adopted by the agency.
Okorocha said since that order is still subsisting, the present charge by the EFCC is an abuse of prosecutorial powers and judicial process.
He also cited a ruling of an Abuja court delivered in February 2023, which dismissed a similar suit filed by the Commission.
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However, the EFCC had argued otherwise, stating that the fresh charge is different from the previous suits.
Delivering the ruling, the Federal Capital Territory High Court held that the charge before it is a product of the same investigation which was invalidated by the Federal High Court in Port Harcourt.
Halilu said the judgement of the Port Harcourt court is still valid since it has not been vacated by a court of appeal.
“An order made by a court is still valid until it is vacated by a competent court,” he said.
He furthered that the EFCC ought to have “challenged the pronouncement of the federal high court, Port Harcourt” before the court of appeal and followed through till it is concluded.
“Any step taken in filing any charge against the defendant which stems from the same investigation, cannot stand.
“This court is bound hands and legs by the decision of the federal high court,”
the judge added.
