The vacation judge of the Federal High Court in Abuja Justice Ahmed Mohammed on Wednesday declined to grant an interim order stopping the Imo State government from demolishing marked houses belonging to the former governor, Rochas Okorocha in Owerri, the Imo State capital.
Justice Mohammed refused Okorocha pleading through his lawyer, Chief Oba Maduabuchi (SAN) that his client’s properties have been marked for demolition and that there was an urgent need to preserve the subject matter of the substantive suit.
Okorocha had sued the Economic and Financial Crimes Commission (EFCC), 1st defendant, the Attorney General of Imo State, 2nd defendant and all the members of seven different panels set by Imo State government who were listed as 3rd to 48 defendants from sealing and seizing his properties.
All the defendants, through their counsel, challenged the jurisdiction of the vacation judge to hear Okorocha’s motion when his substantive suit had been adjourned by a regular court to September 22, 2021.
Okorocha currently representing Imo West Senatorial district in the Senate sought the order of the Court to preserve his properties pending the resolution of court cases on-going in the matter.
He complained that his properties have been marked for confiscation adding that unless the preservative order was issued against EFCC and Imo State, he would be prejudiced.
The request was opposed by EFCC and Imo State government on the ground that the court has no jurisdiction to hear Okorocha’s suit and grant his prayers during the vacation of the court.
EFCC and Imo state government are contending that the suit was not the type that can be heard during court vacation.
They further argued that Okorocha did not meet the condition precedent for the matter to be heard during vacation adding that the Fiat of the Chief Judge of the Federal High Court ought to be sought and obtained before such matter can be heard during vacation.
EFCC and Imo state cited Order 46 Rule 5 of the Federal High Court Civil Procedures Rule 2019, which they held was allegedly breached by Okorocha while filing the fresh motion.
Ruling on Okorocha’s lawyer oral application after two hours of arguments by the lawyers to the parties, Justice Mohammed stated that it was clear that the bone of contention was whether the court can make an order when the issue of jurisdiction is still pending.
“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 jurisdiction to hear the matter during vacation,” the judge held.
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