Godwin Tsa, Abuja

The Imo State Attorney-General and Commissioner of Justice, Cyprian Akaolisa, on Tuesday called for the suspension of the ongoing investigation of former Governor of the state, Senator Rochas Okorocha by  the various probe panels set up by the state government.

He gave the advice before the Abuja division of the Federal High Court where the former governor is challenging his investigation by the multiple probe panels over alleged financial infractions.

In a suit marked FHC/ABJ/CS/558/2020 filed on May 28, Okorocha,  a Senator representing Imo West Senatorial District, specifically wants the EFCC to end or suspend its investigation including all the petitions submitted to it by the Imo Government until the panel on contract set up by the same state government had concluded its probe on his government between 2011 and 2019.
Other defendants in the suit filed by his counsel, Chief Oba Maduabuchi (SAN), are the Attorney General of Imo;  members of the Judicial Commission on Lands and Related Matters, members of the panel to investigate the activities of ISOPADEC; members of the panel to investigate the status of the newly established Tertiary institutions; members of the investigative committee for financial transactions in Imo State; Committee for the Review of appointments recruitments and related matters from 2015 till date and the Committee for the investigation of LGA, among others.
When the matter came up last week, counsel to the state Attorney General and other defendants,  Mr. J. M. Madu gave an undertaking to halt further proceedings by the panels.
He told Justice Ahmed Mohammed that he was going to  inform his client,  the Attorney-General of Imo about the development in court and would urge them to respect the court not to begin sitting until the suit was determined.
When the case resumed on Tuesday for hearing, counsel to the Attorney General, Debo Ikeusan advised the various probe panels to suspend further proceedings against the plaintiff pending the pronouncement by  the court  with  respect  to it’s jurisdiction to adjudicate on it.
Ikeusan’s position was in line with the earlier undertaking before the court.

Okorocha had, through his lawyer, Oba Maduabuchi (SAN), during the previous proceedings of July 8, 2020, urged the court to make an order of interim injunction suspending the panels’ proceedings.

But Justice Mohammed rejected the request based on the undertaking that was given by the state.

The Judge said he would rather go by the undertaking made by  counsel to the AG and members of the various panels at the July 8, 2020 proceedings, to advise the AG to inform the panels to halt sittings in respect for the pending court case.

He consequently adjourned till Tuesday for a report of compliance with the undertaking and with the court’s directive for the AG and the rest of the defendants to file a formal application challenging the court’s jurisdiction which they claimed the court lacked to hear Okorocha’s suit.

On Tuesday, Ikeusan informed the judge that he had filed the notice of preliminary objection and that Okorocah’s lawyers had responded to it.

He also said he complied with the undertaking made on behalf of the AG on July 8.

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He said, “We have advised the panels, especially the 3rd to the10th defendants, who are the members of the probe panel set up by the Imo State Government, to desist from any action or conduct that will overreach or prejudice the determination of the suit.

But counsel to Okorocha, Emeka Okoye, told the court that contrary to the undertaking, the panel, particularly the Justice E. C Iheaka-led Imo State Probe Panel on awards of Contracts from May 2006 to May 2017, joined as the 3rd to the 10th defendants in the suit, had continued with its proceedings till Monday.

Justice Mohammed has however asked Okoye to file an affidavit deposing to the fact that the panel continued sitting.

The Economic and Financial Crimes Commission (EFCC) which is the  first defendant in the suit  was not represent by any lawyer on Tuesday.

Ikuesan expplained his inability to serve the commission with the processes his clients had filed against the suit.

But Okoye said he had successfully served the commission with the originating summons and other processes, advised the defence lawyer to engage the court bailiffs instead of his chambers’ staff members.

Justice Ahmed Mohammed advised Ikuesan to explore the suggestion by Okoye, then adjourned till July 21 for a report of service and possible hearing.

Meanwhile, the court has ordered that hearing notice be served on EFCC.