By Uche Mbah
An Abuja Federal High Court Monday, discharged and acquitted Senator Rochas Okorocha of N2.9 billion fraud charge.
Okorocha, a former Governor of Imo state, was dragged to court by the Economic and Financial Crimes Commission (EFCC).
The presiding Judge, Justice Inyang Ekwo, dismissed EFCC’s suit for contravening Section 105 (3) of the Administration of Criminal Justice Act (ACJA), 2015. This gives the Attorney General of the Federation the authority to recall a case.
“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”, he ruled.
“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, noting that Malami’s order to EFCC to stay action on the case was binding. He also noted that the ruling of a Court of alternate jurisdiction in Port Harcourt restraining the EFCC from taking action has not yet been vacated.
“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 said.
“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, therefore, 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.
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