Rochas Okorocha, a former governor of Imo, was cleared of the N2.9 billion fraud allegations brought against him by the Economic and Financial Crimes Commission by the Federal High Court in Abuja on Monday (EFCC).
The accusations for violating 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, were dismissed by Inyang Ekwo in a judgement.
The ruling was on a preliminary application filed by Mr Okorocha. EFCC had yet to begin calling witnesses as of the time the judge ended the case on Monday.
Mr Ekwo said the directive of the AGF and Minister of Justice, Abubakar Malami, in a letter dated 12 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.
“All that the law required of the respondent (EFCC) was for the respondent when directed by the HAGF (Honourable Attorney General of the Federation), pursuant to any enactment, is to comply and not act as if it is not under the law or is exempted thereby.
“For the avoidance of doubt, the office of the HAGF is founded on the provisions of the constitution and is thereby preserved.
“The controversies and drama surrounding this trial proceeding is needless and it is time to stop it,â€