By Gideon Njoku
A former Governor of Imo State, Rochas Okorocha, has rejected the absolute and permanent forfeiture order on his properties by an Imo High Court.
Okorocha, now the Senator representing Imo West in the Senate, dismissed the ruling as a blackmail, wondering how it came about when the main case had not been heard.
The order for the forfeiture of the properties, worth billions of Naira, was made in Owerri on August 9, 2021, by the Hon. Justice Fred Njemanze. Incidentally, the Judge retired 24 hours after the ruling.
It was made sequel to the white paper of the report by the Judicial Panel on Lands and Other Related Matters set up by the Imo State Government.
The Judicial Panel, among others, was set up by former Imo State Governor, the Rt. Hon. Emeka Ihedioha, but was retained and sustained by his successor, Senator Hope Uzodinma on assumption of office.
The already gazetted document became a subject of Court action against the Government instituted by Okorocha.
A ruling had been made on February, 24, for a temporary forfeiture of the properties, allegedly, brazenly looted from the State by Okorocha. Hearing was on course for a final forfeiture order.
That order was made on August 9 by Justice Njemanze who retired from the Imo State Judiciary on August 10.
But reacting to the order, Okorocha, in a statement signed on his behalf by his Media Adviser, Sam Onwuemeodo, dismissed it as a parting gift from Njemanze to the Imo State Government, 24 hours before his retirement.. He said the Hon. Judge never heard the case, as what was before him was ” a preliminary objection challenging his jurisdiction or competence to give interim forfeiture order on February 24, 2021, over properties. The cases on them have been going on in various Courts in Owerri and Abuja, including the Federal High Court, Owerri, since 2019 and 2020.”
Okorocha, also, gave an indication of an appeal against the forfeiture order.
Following is the full text of Okorocha’s statement in reaction to the forfeiture order:
SUBJECT: JUSTICE FRED NJEMANZE OF HIGH COURT, OWERRI GAVE JUDGEMENT IN A MATTER HE NEVER HEARD, LESS THAN 24 HOURS TO HIS RETIREMENT TODAY, AUGUST 10, 2021.
– HE DID THAT AS A PARTING GIFT TO IMO STATE GOVERNMENT.
– WE ARE GOING TO APPROACH RELEVANT AGENCIES TO INVESTIGATE THE JUDGEMENT AND PROVE HIM OR US RIGHT OR WRONG.
– WHAT WAS BEFORE JUSTICE NJEMANZE WAS PRELIMINARY OBJECTION, CHALLENGING HIS JURISDICTION OR COMPETENCE TO GIVE INTERIM FORFEITURE ORDER ON FEBRUARY 24, 2021, OVER PROPERTIES THE CASES ON THEM HAVE BEEN GOING ON IN VARIOUS COURTS IN OWERRI AND ABUJA, INCLUDING THE FEDERAL HIGH COURT, OWERRI, SINCE 2019 AND 2020.
“On Tuesday, August 3, 2021, Justice Njemanze sat. The lawyers in the matter argued on the preliminary objection. Chief Obah Maduabuchi, SAN, was Okorocha’s Lawyer and Chief Louis Alozie (SAN) was for the Imo State Government.
“Justice Njemanze reserved ruling on the Preliminary objection and told the lawyers that they would be Communicated on the date. He also told other lawyers who had applied to be joined for their clients, to wait until after the ruling on the preliminary objection.
“On Wednesday, August 4, 2021, the Court Clerk sent text messages to the lawyers that the Court would sit on Friday, August 6, 2021 for the lawyers to adopt their processes, instead of the expected ruling on the Preliminary objection.
“On the Friday, August 6, 2021, Lawyers were in Court. Justice Njemanze did not come. He did not sit that day. Lawyers left and those involved left.
“That is to say, on the Friday, August 6, 2021, neither the expected ruling on the Preliminary objection was given, nor the adoption of the processes as Contained in the text messages of Wednesday, August 4, 2021.
“On Monday, August 9, 2021, while lawyers in the matter were expecting to hear from the Court on the issue of date, the news came that Justice Njemanze had given Judgement in a substantive suit he never heard and not also on the Preliminary objection, even when lawyers had not adopted their processes.
“In the Contentious forfeiture Order Justice Njemanze gave on February 24, 2021, only five properties were directly linked to Okorocha and family, including Eastern Palm University and Royal Spring Palm hotel.
“But, both Justice Njemanze and the Imo State government had talked about pages 226 to 272 of the aberration called the WHITEPAPER, as Containing Okorocha’s Properties. This is bare blackmail. It is not true
“We have meticulously gone through pages 226 to 272 of their WHITEPAPER. The pages contained layouts and estates and none belonged to Okorocha and the family.
“Some of those who own these properties in the interim forfeiture order are also in various courts and like we said, some of them had also applied to Justice Njemanze to be joined. But Justice Njemanze told them to wait until he ruled on the preliminary objection. But he went ahead to give Judgement in the substantive matter he never heard. This is absurd.
“In the Contentious Judgement, he gave absolute forfeiture order on the properties in question, in a matter he never heard and which matters on them, have been going on in Courts of Competent Jurisdiction. And in less than 24 hours to his retirement today being Tuesday, August 10, 2021.
“This is the first time we are hearing that a Judge could give Judgement in a matter or Case he never heard. This is not good for the Society and for the judicial system.”
One of the properties, Eastern Palm University, had since been taken over and renamed Kingsley Ozumba Mbadiwe University by the Imo State Government, to the excitement of most Imolites.
