A Federal High Court sitting in Port Harcourt, capital of Rivers State, has adjourned till April 4 this year, to continue hearing on the Fundamental Human Rights suit by the former Governor of Imo State, Senator Rochas Okorocha, against the Economic and Financial Crimes Commission, (EFCC).
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The court had on February 8, adjourned the process registered in suit FHC/PH/FHR/165/2021, till yesterday for hearing on the ground of late service of processes on the respondent, EFCC.
But the EFCC yesterday, on resumed hearing, filed a fresh motion on notice, praying the court for substitution of their document earlier filed.
Counsel for EFCC, Mr. 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 December 7, 2021. I seek to withdraw our earlier motion dated and filed on December 7 2021, along with the further affidavit deposed on December 8, 2021.
Latona stated that the agency was not going contrary to the earlier judgement of court, noting that there was no fundamental point to prove the claims of contempt.
On his part, Counsel for Okorocha, Ola Olanipekun, 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 January 14, 2022.
“We also seek to withdraw the motion on notice dated Decembe 14, 2021, seeking to regularise 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 December 6, 2021, still stands, adding that it has not been set aside.
He advised parties to wait till the court makes decision on the matter on the aforementioned adjourned date.
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