Okorocha Vs Imo Govt: Legal Battle Begins In Abuja As Ex-Gov Fails To Stop Assets Forfeiture

Vacation judge, Justice Ahmed Mohammed of the Federal High Court sitting in Abuja, on Wednesday, adjourned to August 24 to hear preliminary objections challenging the court’s jurisdiction to hear a motion for an interim order brought by the former governor of Imo state, Senator Rochas Okorocha (representing Imo West LGA) against the Economic and Financial Crimes Commission (EFCC), Imo State government and 42 others.

But the judge declined Okorocha’s request which sought an order stopping the parties from taking over his properties, adding that he will have to hear preliminary objections challenging its jurisdiction on the matter.

Recall that a State High Court in Owerri had on August 9 ordered the final forfeiture of properties listed in pages 226 to 272 of the white paper report by the state’s Judicial Commission of Enquiry on Recovery of Lands and other related matters.

Part of the properties said to be linked to Okorocha and his associates include the Eastern Palm University, Ogboko, Royal Spring Palm Hotels and Apartments.

On Wednesday, his counsel, Oba Maduabuchi, prayed the presiding judge to grant an interim order stopping the defendants from acting against his interest during the court’s vacation (which elapses on September 17) pending the determination of his case.

“My lord, the matter is a for motion for an interim order to preserve the subject matter of this suit during this vacation period so that the defendant respondents do not take any action…so that at the end of the vacation, my lord will have something to still decide on. We are prepared to move,” he said.

But the EFCC counsel, E.E. Iheanacho, kicked against the interim motion.

“My lord, the application is a restraining order and we have been served and we intend to respond to it.

“We were served on the 4th of August…this court cannot grant an injunctive relief when its decision is been challenged…we are praying for time to respond to this application,” he said.

On his part, Chief Olushola O. K (2nd defendant), argued that the plaintiff’s suit was incompetent and that the court lacks jurisdiction to entertain it.

The other defendants, except Donez Global Services Limited (a party seeking to be joined in the case), asked the court to first determine whether it has jurisdiction to hear the matter before looking at Okorocha’s interim motion.

“It is our humble view that given the nature of this application, my lord will hear this application (challenging its jurisdiction) before any other since it hits the root of this sitting today,” Dr. L. Uzor-ukwu counsel for the 3-17th defendants said.

Also, L. Anozie (counsel for the 18 to 36 defendants) additionally prayed the court to transfer the matter to the Federal High Court sitting at Owerri.

Subsequently, the court adjourned to hear the defendant’s applications which is challenging its jurisdiction to hear the plaintiff’s application during vacation.