The EFCC had instituted a criminal charge of fraud on the former which they alleged he committed during his tenure as the governor of Imo state.
This will be the 3rd judgment that will be delivered by a court of competent jurisdiction on charges of fraud filed by the EFCC against the former governor.
The Federal High Court, Abuja, had on 6th February, discharged Senator Okorocha, of N2.9 billion fraud charges preferred against him by the EFCC.
Justice Inyang Ekwo, in a ruling, struck out the charges for contravening section 105 (3) of the Administration of Criminal Justice Act (ACJA), 2015, which gives the Attorney-General of the Federation the power to recall a case.
Justice Ekwo held that the directive of the AGF in a letter dated 12th September 2022, to the EFCC to forward the case file with its comments on the issues for consideration and review, was binding on the commission.
The court agreed with Senator Okorocha that the earlier judgement of a court of coordinate jurisdiction sitting in Port Harcourt between him and EFCC, restraining the agency from further proceeding on the alleged offence subsists.
Justice Stephen Pam, of the federal high court in port harcourt, had declared it unlawful and made an order prohibiting the EFCC from further prosecuting Senator Okoracha.
