A Federal High Court in Abuja on Wednesday turned down ex-Imo Governor Rochas Okorocha’s request for an interim injunction stopping the State Government from taking further steps in respect of his property allegedly marked for demolition.
Okorocha’s lawyer, Oba Maduabuchi (SAN) had informed the court, at the resumed hearing in a suit by the ex-Governor, that his client’s property have been marked by agents of the State.
Maduabuchi argued among others, that unless a preservative order was made by the court against the Economic and Financial Commission (EFCC) and the Imo State Govt (listed among respondents in the suit), Okorocha would be prejudiced.
He prayed the court orally, for an interim restraining injunction against the state government and the EFCC.
The EFCC and Imo State government objected to the request by Maduabuchi, arguing the court has no jurisdiction to hear Okorocha’s suit and grant his prayers during the court’s ongoing vacation.
They added that case was not in the category of cases that could be heard during the court’s vacation.
They noted that Okorocha did not apply for and obtain a fiat from the court’s Chief Judge to have the case heard during vacation.
The EFCC and Imo State Govt contended that Okorocha failed to comply with Order 46 Rule 5 of the Federal High Court Civil Procedures Rule (2019) in filing his fresh motion.
Ruling Justice Ahmed Mohammed noted that it was clear the bone of contention was whether or not the court could make an order when the issue of jurisdiction was still pending.
Justice Mohammed said: “My simple response is that since making an order is akin to remotely assuming jurisdiction, the court can not make the order as requested by the applicant.
“I adjourn this matter to August 24 to hear applications challenging the court’s jurisdiction to hear the matter during vacation,” he said.
Okorocha, currently representing Imo West Senatorial District in the Senate is, by the suit marked: FHC/ABJ/9S/508/2016 querying, among others the activities of the EFCC and the investigative panel set up by the Imo Government to probe his tenure.
