NEWS
Court Clears Sen. Rochas Okorocha Of Corruption Charges
Senator Rochas Okorocha has been discharged by Justice Yusuf Halilu of the High Court of the Federal Capital Territory (FCT) from corruption charges brought against him by the Economic and Financial Crimes Commission (EFCC).
This marks the third time that Okorocha has been acquitted by courts regarding allegations of fraud and corruption during his tenure as the governor of Imo State from 2011 to 2019.
On Friday, Justice Halilu dismissed the charges against the former governor, stating that they constituted an abuse of court processes by the anti-graft agency.
The court emphasized that it was inappropriate for the EFCC to repeatedly file similar charges against a defendant in different courts, especially when a competent court had already made a decision on the matter.
It is worth noting that in a previous judgment in 2021, Justice Stephen Pam of the Federal High Court in Port Harcourt declared the EFCC charge against Okorocha illegal, unlawful, null, and void, as it was based on an investigation deemed invalid.
Following the previous ruling, the judge specifically prohibited the EFCC from further prosecuting the former governor for any alleged offenses related to the aforementioned investigation.
However, on May 24, 2022, the commission arrested Okorocha after a siege lasting over six hours at his residence in Abuja.
Subsequently, Okorocha and six others were arraigned before the Federal High Court in Abuja, accused of embezzling N2.9 billion belonging to the Government of Imo State.
Nonetheless, on February 6, Justice Inyang Ekwo delivered a ruling in which he struck out the charges against Okorocha and the others.
The charges were dismissed for contravening Section 105 (3) of the Administration of Criminal Justice Act (ACJA), 2015, which grants the Attorney-General of the Federation the authority to recall a case.
Justice Ekwo maintained that the directive issued by the Attorney-General of the Federation in a letter dated September 12, 2022, instructing the EFCC to submit the case file with its comments for consideration and review, was binding on the commission.
The court concurred with Okorocha’s argument that the previous judgment from a court of equal jurisdiction in Port Harcourt, in a case numbered FHC/PH/FHR/165 between Okorocha and the EFCC, still stands. This judgment had restrained the agency from further pursuing the alleged offense.
However, dissatisfied with this outcome, the EFCC approached the High Court of the Federal Capital Territory (FCT) and initiated a fresh set of charges against the former governor.
In response, Okorocha, represented by his lawyer Chief Ola Olanipekun, SAN, raised a challenge against the competence of the charges through an application, asserting that they constituted an abuse of court processes.
On Friday, Justice Halilu delivered a ruling on the application, stating that it was inappropriate for the EFCC to file a case that had already been decided upon by a court of equal jurisdiction.
This was particularly significant since there was a court order preventing the anti-graft agency from prosecuting Okorocha based on an invalidated investigation.
The judge emphasized that the commission’s action of pursuing the same case in three different courts amounted to nothing less than an abuse of court processes.
Justice Halilu acknowledged that the EFCC, as an entity established by law, possesses broad investigatory and prosecutorial powers.
However, the judge emphasized the importance of the commission operating within the boundaries of the law, stating that the EFCC must demonstrate respect for the legal framework it operates under.
The court took into account the available evidence, which indicated that a Federal High Court had previously acquitted Okorocha of fraud and corruption charges filed by the EFCC in 2021.
While acknowledging that the commission acted correctly by appealing the judgment, Justice Halilu highlighted that it was inappropriate for the EFCC to approach another court of equal jurisdiction and file similar charges against Okorocha.
In addition to emphasizing that nobody or agency is exempt from the law, the court offered advice to the anti-graft agency, cautioning them to recognize the importance of bringing an end to litigation.
The court stated that when a case of abuse of court processes is established, the appropriate action is to dismiss the charges.
The court held “Once a case of abuse of court processes is established, the best thing to do is to dismiss the charge; the first defendant is hereby discharged.”
The Chief Judge of Ekiti State, Hon Justice Oyewole Adeyeye has passed on.
The news of his passing was leaked by a reliable source under the condition of anonymity.
The sad incident, according to the source, happened in Ado Ekiti in the early hours of Tuesday.
His death is being traced to a sickness which came upon him following the injury he sustained when a section of the Ekiti State High Court Complex, Ado Ekiti wall collapsed in July 12, 2023.
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The late Justice Adeyeye was at the office when the building collapse happened and sustained injuries.
While the state and his family were yet to issue statements on his demise, the Ekiti State Chapter of the Association of International Female Lawyers (FIDA) has sent condolences to the family.
The condolences message read: “With deep sorrow in our hearts and in total submission to the will of God, FIDA Ekiti consoles with the family of the Chief Judge of Ekiti State, Hon Justice Oyewole Adeyeye on his call to glory.
“May He find rest with his maker.
“I pray that God grants the family, the Judiciary and the people of Ekiti State, the grace to bear this irreparable loss.
Adieu great one.”
Justice Adeyeye was born 1960 in Araromi Ugbesi in Ekiti East Local Government of Ekiti State and was called to bar in 1986.
He started his career as a State Counsel in the civil service of the then Ondo State before joining the Ekiti State Judiciary Service Commission shortly after the state was created in 1996.
He was promoted to the position of a judge in the state’s high court in 2002 and has served at different occasions in the election petition tribunal.
A Federal High Court in Abuja has dismissed all charges against 76 individuals accused of participating in the nationwide #EndBadGovernance protests.
The ruling came after the Attorney General of the Federation (AGF), Lateef Fagbemi, moved to discontinue the case under orders from President Bola Tinubu.
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Justice Obiora Egwuatu, presiding over the matter, struck out the charges after hearing a motion from the AGF’s representative, Director of Public Prosecution of the Federation (DPPF) Mohammed Abubakar.
Citing Section 174 of the 1999 Constitution, the AGF formally took over the case from the Inspector General of Police, then requested to drop all charges against the defendants, many of whom are minors.
The judge granted the AGF’s application without objection from defense counsel, ordering the immediate release of the accused, who were not present in court.
This decision follows a directive issued on Monday by President Tinubu, instructing the AGF to withdraw charges against the protesters.
More to follow……….
The Petroleum Products Retail Outlets Owners Association of Nigeria (PETROAN) has raised concerns over alleged monopolistic practices by Dangote Refinery, following a public dispute about fuel pricing in the downstream petroleum sector.
Recall that the refinery, Africa’s largest, recently disclosed its petrol pricing at N990 per litre in trucks and N960 per litre into ships, a move it justifies as being in line with international rates.
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PETROAN, however, sees this as an attempt to suppress competitors and dominate the Nigerian market.
The rift began when Dangote Refinery claimed that complaints from marketers regarding its pricing were fueled by intentions to import cheaper, potentially substandard products.
In response, PETROAN strongly rejected these allegations, suggesting that Dangote’s claims are tactics designed to maintain a monopoly in the sector.
Joseph Obele, PETROAN’s spokesperson, stated that the association remains committed to importing high-quality products at more competitive rates to ensure affordability for Nigerian consumers.
According to PETROAN, competition in the market is essential for achieving fair pricing, and any attempt to stifle it would be detrimental to consumers.
They argue that Dangote Refinery’s pricing should reflect production costs and fair margins rather than international benchmarks, especially given concessions granted by the government for the refinery’s establishment.
PETROAN also announced its plans to partner with foreign refineries and financial backers to import premium-quality petroleum products at prices below current rates.
The association aims to enter the market by December 2024, pending necessary regulatory approvals.
“The allegations that PETROAN will import substandard products are unfounded and aimed at creating an unfair playing field,” the statement read.
PETROAN warned that similar claims in the past had led to significant price hikes when competitors were pushed out, emphasizing that the entry of new players into the market would lead to more competitive pricing and ultimately benefit Nigerian consumers.
PETROAN expressed appreciation for President Bola Tinubu’s commitment to revitalizing Nigeria’s state-owned refineries and urged the government to consider privatizing the Port Harcourt and Warri refineries once rehabilitation is complete.
The association believes a transparent privatization process will help strengthen Nigeria’s downstream sector and counter monopolistic tendencies.
To address the ongoing pricing challenges in the sector, PETROAN called on the government to convene a comprehensive meeting of industry stakeholders, including major associations like IPMAN, DAPPMAN, MEMAN, NUPENG, and PENGASSAN.
PETROAN believes that collaboration among these groups will be instrumental in establishing a sustainable and competitive pricing framework for petroleum products in Nigeria.
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