Okorocha, Wife Appeal Court Ruling On Forfeiture Of Properties

Former Imo State Governor, Senator Rochas Okorocha and wife
Nneoma Nkechi Okorocha dissatisfied with the judgement of the state
High court, Owerri presided over by Justice Fred Njemanze,
yesterday filed an appeal at the appellate court at the Owerri
division contesting the judgment of the trial court.

In the appeal, the Okorochas asked the Appeal Court to set aside
the entire decision of the lower court as well as an order
dismissing the suit No: How/191/2021 in its entirety, arguing that
the lower court erred in law by not considering the argument of the
appellants.

Justice Fred Njemanze of the Owerri High Court had on Monday
ordered the final and absolute forfeiture of Royal Palm Springs
Hotel and other properties said to belong to Senator Rochas
Okorocha and other members of his family. The forfeited properties
are contained in pages 226 to 272 of the Imo Government white paper
report by a Judicial Commission of Enquiry on Recovery of Lands and
other related matters.

However, in a motion of Appeal suit no How/191/2021 between
Mrs.Nkechi Rochas Okorocha, Incorporated Trustees of Rochas
Foundation, and Senator Rochas Anayo Okorocha against the Attorney
General of Imo State , it contended that trial court presided by
Justice Fred Njemanze had erred in law when it entered final
judgment in the suit when parties had neither be heard nor allowed
to file and adopt various processes to show cause why the order of
interim forfeiture should be set aside.

The lead counsel to Senator Rochas Okorocha , A .O Maduabuchi
(SAN) said: “The trial court was obviously in error when it made an
order of absolute and permanent forfeiture of Appellants’
properties when there was no such application for final forfeiture
before the court and nobody sought any such relief from the
court.”

Okorocha’s counsel further stated that the Respondent as
Applicant in the suit before the trial court had sought for an
order of interim forfeiture of the following properties: Eastern
Palm University ,Ogboko, Imo state , Royal Spring Palm Hotels and
Apartments, Akachi Road ,Owerri, Imo State Broadcasting Corporation
Staff Quarters ,Orji illegally acquired for the purpose of Rochas
Okorocha Foundation College, Magistrate Quarters Orlu
Road/Co-operative office/Girls Guide illegally converted to private
use including the Market Square Mall and Kilimanjero Fast Foods;
and all properties contained at pages 226 to 272 of the government
White Paper.

The said properties were to be forfeited in the interim pending
the full implementation by the government of Imo state of the
recommendation of Hon. Justice Florence Duruoha-Igwe of the
judicial commission of inquiry into land administration in Imo
state from 2006 – 2019 as per the white paper which had been
gazetted.

He pointed out that there was no relief sought for permanent and
absolute forfeiture of these properties made to the court by
anybody nor was any motion on notice for final forfeiture ever
filed before the trial court nor was such application for final
forfeiture ever moved or heard before the court.

The Appellants counsel also contended that a court is to limit
itself to the case brought before it by the parties and not join in
the fray by making a case for any of the parties.

As the appellants listed eight grounds of appeal which they
found to be errors of the lower court, they are also seeking the
Appellate court to set aside the entire decision of the lower court
delivered in the suit No. HOW/191/2021 on the 9th of August 2021 as
well as dismissing the suit in its entirety.

Former Imo State Governor, Senator Rochas Okorocha and wife
Nneoma Nkechi Okorocha dissatisfied with the judgement of the state
High court, Owerri presided over by Justice Fred Njemanze,
yesterday filed an appeal at the appellate court at the Owerri
division contesting the judgment of the trial court.

In the appeal, the Okorochas asked the Appeal Court to set aside
the entire decision of the lower court as well as an order
dismissing the suit No: How/191/2021 in its entirety, arguing that
the lower court erred in law by not considering the argument of the
appellants.

Justice Fred Njemanze of the Owerri High Court had on Monday
ordered the final and absolute forfeiture of Royal Palm Springs
Hotel and other properties said to belong to Senator Rochas
Okorocha and other members of his family. The forfeited properties
are contained in pages 226 to 272 of the Imo Government white paper
report by a Judicial Commission of Enquiry on Recovery of Lands and
other related matters.

However, in a motion of Appeal suit no How/191/2021 between
Mrs.Nkechi Rochas Okorocha, Incorporated Trustees of Rochas
Foundation, and Senator Rochas Anayo Okorocha against the Attorney
General of Imo State , it contended that trial court presided by
Justice Fred Njemanze had erred in law when it entered final
judgment in the suit when parties had neither be heard nor allowed
to file and adopt various processes to show cause why the order of
interim forfeiture should be set aside.

The lead counsel to Senator Rochas Okorocha , A .O Maduabuchi
(SAN) said: “The trial court was obviously in error when it made an
order of absolute and permanent forfeiture of Appellants’
properties when there was no such application for final forfeiture
before the court and nobody sought any such relief from the
court.”

Okorocha’s counsel further stated that the Respondent as
Applicant in the suit before the trial court had sought for an
order of interim forfeiture of the following properties: Eastern
Palm University ,Ogboko, Imo state , Royal Spring Palm Hotels and
Apartments, Akachi Road ,Owerri, Imo State Broadcasting Corporation
Staff Quarters ,Orji illegally acquired for the purpose of Rochas
Okorocha Foundation College, Magistrate Quarters Orlu
Road/Co-operative office/Girls Guide illegally converted to private
use including the Market Square Mall and Kilimanjero Fast Foods;
and all properties contained at pages 226 to 272 of the government
White Paper.

The said properties were to be forfeited in the interim pending
the full implementation by the government of Imo state of the
recommendation of Hon. Justice Florence Duruoha-Igwe of the
judicial commission of inquiry into land administration in Imo
state from 2006 – 2019 as per the white paper which had been
gazetted.

He pointed out that there was no relief sought for permanent and
absolute forfeiture of these properties made to the court by
anybody nor was any motion on notice for final forfeiture ever
filed before the trial court nor was such application for final
forfeiture ever moved or heard before the court.

The Appellants counsel also contended that a court is to limit
itself to the case brought before it by the parties and not join in
the fray by making a case for any of the parties.

As the appellants listed eight grounds of appeal which they
found to be errors of the lower court, they are also seeking the
Appellate court to set aside the entire decision of the lower court
delivered in the suit No. HOW/191/2021 on the 9th of August 2021 as
well as dismissing the suit in its entirety.