By Davies Iheamnachor
Hearing in the Fundamental Human Rights suit by the former Governor of Imo State, Sen Rochas Okorocha, against the Economic and Financial Crimes Commission, EFCC, was Monday stalled at the Federal High Court sitting in Port Harcourt, following a fresh application by the EFCC.
The court had on the 8th of February adjourned the process in suit marked FHC/PH/FHR/165/2021, brought by Okorocha against EFCC till Monday for hearing on the ground of late service of processes on the respondent, EFCC.
However, when sitting resumed on Monday, EFCC approached the court with a fresh motion on notice, praying court for substitution of their document earlier filed.
Counsel for EFCC, G.K. Latona, withdrew an earlier motion on notice he filed and replaced 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 7th December 2021. I seek to withdraw our earlier motion dated and filed on 7th of December, 2021, along with the further affidavit deposed on 8th December, 2021.
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Latona stated that the EFCC was not going contrary to the judgement of court, noting that there was no fundamental point to prove the claims of contempt.
But, Ola Olanipekun counsel for Okorocha, 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 fresh counter affidavit to that.
“We do not object to the application and in furtherance, to that application we apply to withdraw a counter-affidavit and written address, which we filed on 14th January, 2022.
“We also seek to withdraw the motion on notice dated 14th December 2021, seeking to regularize the counter affidavit aforementioned.”
He prayed the court to advise EFCC to refrain from taking steps on the arraignment, saying that one cannot remain in disobedience and claim to be pushing further charges in law.
Meanwhile, Justice Stephen Pam, the trial judge, said judgement of the court made on the 6th December, 2021, still subsists, adding that it has not been set aside.
He advised parties to wait till the court makes decision on the matter at hand and adjourned till 4th for April for hearing.