Fresh application filed by the Economic and Financial Crimes Commission (EFCC), yesterday, stalled hearing in the fundamental human rights suit by the former governor of Imo State, Rochas Okorocha, at the Federal High Court sitting in Port Harcourt, Rivers State, against the commission.
The suit marked FHC/PH/FHR/165/2021, which was brought by Okorocha against the EFCC was on the February 8 adjourned till February 14, for hearing on the ground of late service of processes on the respondent, EFCC.
When the matter was mentioned in court, yesterday, the EFCC approached the court with a fresh motion on notice, praying the court for substitution of their document earlier filed.
Counsel for the EFCC, G.K. Latona, withdrew an earlier motion on notice he filed and replaced it with a new process.
He said: “We actually filed a motion on notice this morning, the import of our motion is to substitute the motion dated December 7, 2021. I seek to withdraw our earlier motion dated and filed on December 7, 2021, along with the further affidavit deposed on December, 2021.”
Latona stated that the EFCC was not going contrary to the judgment of the court, noting that there was no fundamental point to prove the claims of contempt.
Counsel for Okorocha, Ola Olanipekun (SAN), who did not object to the fresh application by the EFCC, said the fresh motion on notice has stalled the hearing of the matter.
He said: “We want to take a break. EFCC came this morning with a new application and we need to file a fresh counter affidavit to that.”
Olanipekun prayed the court to advise the EFCC to refrain from taking steps on the arraignment of his client, saying that one cannot remain in disobedience and claim to be pushing further charges in law.
He added that the EFCC is yet to comply with a court order to release his client’s travel documents.
He said: “On the 6th of December 2021, the Federal High Court, Port Harcourt division entered a judgment that the travel documents of Okorocha should be released to him.
Meanwhile, Justice Stephen Pam, the trial judge, said the judgment of the court made on December 6, 2021, still subsists, adding that it has not been set aside.
He advised parties to wait till the court makes a decision on the matter at hand and adjourned till April 4 for hearing.
