Governor Rochas Okorocha of Imo State has approached the Federal
High Court in Abuja, seeking an order to restrain security agencies
in the country from arresting him.
Okorocha told the court that some chieftains of the All
Progressives Congress, APC, led by its Chairman, Adams Oshiomhole,
are instigating the Economic and Financial Crimes Commission, EFCC,
to move against him.
Consequently, he prayed the court to enforce his fundamental
human rights which he said was under threat.
Cited as respondents in the suit are the Attorney General of the
Federation, the Inspector General of Police, the Department of
State Service, the EFCC, the Independent Corrupt Practices and
other related offences Commission, and the Code of Conduct
Tribunal.
Okorocha told the court that his travail started after he
opposed the emergence of some persons as leaders of the ruling
APC.
He said his adversaries in the party had since instigated the
EFCC to hound him and his family members, saying they were equally
behind the reason the Independent National Electoral Commission,
INEC, refused to issue him with a certificate of return after being
declared the winner of the last election in lmo West Senatorial
District.
The two fundamental right suits he filed before the court were
marked as FHC/ABJ/CS/474/19 and FHC/ABJ/CS/475/19.
Okorocha told the court that he has, “found himself in a
politically adversarial position to some powerful members of the
APC over the choice of the national officers of the party before
and since the convention of the party was conducted to elect new
national officers of the APC”.
He said: “The applicant had supported a candidate for the
position of National Chairman of the APC other than the current
incumbent, Mr. Adams Oshiomhole and by reason of various events
that occurred at the time including the detention of Mr. Adams
Oshiomhole by the EFCC on allegations of corruption it was assumed
that the applicant was a party to that incident.
“Some of the supporters of Adams Oshiomhole at the time are
currently very influential in the Federal Government of Nigeria,
which is controlled by the APC.
“These individuals including the said current National Chairman
have decided to carry out a vendetta and revenge against the
applicant including instigating the
“Respondents against the applicant upon their spurious
conclusion without evidence that the applicant is guilty of corrupt
practices as Governor of Imo State.
“The respondents, proceeding from this position that the
applicant is guilty unless proved innocent, between 2017 and now,
have extended not less than 25 invitations to the applicant In
purported investigation of projects executed by the into state
government In a bid to find some material to justify their
conclusion that he is guilty of corrupt practices.
“This witch hunt, is clearly politically motivated, baseless,
and has been designed only to discredit and humiliate the applicant
in a bid to decimate him politically.
“Sometime in May 2017 the 4th respondent, acting in furtherance
of the plan of the applicant’s political enemies, invaded the
applicant’s house in Jos, Plateau State and while holding his staff
and family members hostage ransacked the entire house in the hope
to find something incriminating against the applicant.
“The matter became a subject of litigation in the Jos division
of this honourable court over the validity of the search warrant
the 4th respondent relied on for that invasion and although the
court found that the search warrant was valid, it also confirmed at
page 22 of the judgment, based on the admission of the 4th
respondent, that nothing incriminating was found against the
applicant.
“Rather than give up their pursuit of the applicant, the
respondents acting on the instigation of the applicant’s enemies,
have continued the vendetta against the applicant.
“Upon the conclusion of the senatorial election held on the
February 23rd 2019 into the national assembly, the applicant was
duly elected as senator to represent Imo West Senatorial District
by the majority of lawful votes cast in the election.
“The applicant’s political adversaries within the APC were
embittered by the applicant’s victory at the polls and have sworn
to ensure that the applicant is either not sworn in as a senator of
the Federal Republic of Nigeria or is removed for not fulfilling
the constitutional minimum attendance requirements.
“In this regard, they instigated the Independent National
Electoral Commission (INEC) to withhold the applicant’s certificate
of return on the unfounded allegation that the Returning Officer
was coerced to declare the applicant the winner of the
election.
“Not satisfied with the withholding of the applicant’s
certificate of return, those powerful forces with the APC have
commenced fresh spate of attacks against the applicant on the
baseless allegation that he embezzled the funds belonging to Imo
state government in order to ensure that the applicant is
politically decimated.
“The plan has now reached a crescendo and desperation in view of
the failure of the respondents to find anything incriminating
against the applicant and the decision now taken is to arrest and
detain the applicant as soon as he hands over power to the newly
elected governor of Imo state on the 29tln of May 2019 and using
the provisions of the Administration of Criminal Justice Act,
detain him indefinitely in order that cause may be found to have
him removed from his seat as a Senator of the Federal Republic of
Nigeria to which he was recently elected.
“The plan has also been expanded to include a reign of terror
against the applicant’s political, business associates and family
members including his wife and chitdren Uioma Rochas, Uju Rochas,
Uchechi Rochas, Ahamefula Rochas, Amen Rochas, Amamchi Rochas,
Uzoma Anwukah and Uche Nwosu.
“The applicant has not committed any offence to warrant the
incessant threats of arrest, detention, the harassment and terror
being unleashed upon him and his family.
“It is therefore important that this honourable court as the
“Fundamental Rights Court” intervene to ensure that this abuse of
power and misfeasance in public office by the respondents against
the applicant is abated and the fundamental rights of the applicant
to be presumed innocent until proved guilty, to liberty and freedom
of movement are enforced.
“Unless this honourable court intervenes to enforce and/or
secure the enforcement of the applicant’s fundamental rights to be
presumed innocent until proven guilty and to freedom of movement
and liberty by making the orders sought in this application, the
1st to 6th respondents will be used by the applicant’s political
adversaries for the purpose of their infringement as stated
above.
“The applicant apprehends from the above that his fundamental
rights and those of his staff, associates and family members are
about to be infringed by the respondents in Abuja as soon as he
commences his next assignment as Senator of the Federal Republic of
Nigeria.
“This honorable court has the power to grant the reliefs sought
in this application to enforce the applicant’s fundamental
rights.”
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