Tunji Adedeji
Counsel to the former Governor of Imo state, Senator Rochas Okorocha, Oba Maduabuchi, (SAN) on Monday challenged an Owerri court order on absolute forfeiture of royal palm springs and other properties alleged to have been illegally acquired by Okorocha, saying it will not stand.
Okorocha who is currently representing Imo West Senatorial district, is alleged to have wrongly acquired choice properties while he served as governor from 2011 to 2019.
Maduabuchi told newsmen at the Oputa High Court Owerri that the court forfeiture order was nothing but perfidy and a complete sham.
He said “The court did not sit on Friday because they told us that the judge was indisposed so we left. That is when we had an augment if we are coming on Monday or not and we were told to return on Tuesday. The court said let us skip Monday because of the sit at home order by ESN/IPOB and we agreed to be here tomorrow. I was surprised when Barr. Amagwula one of senator Okoerocha”s lawyer told me about the development”, Maduabuchi said.
Justice Fred Njemanze of an Owerri High Court while sitting as a vacation judge had ordered the final and absolute forfeiture of royal palm springs and other properties contained in pages 226 to 272 of the Imo state Government white paper on recovery of lands and properties belonging to Imo state.
In his ruling, Justice Njemanze held that Senator Rochas failed to give concrete and verifiable reasons why a final and absolute forfeiture order should not be given in favour of Imo state.
Okorocha had filed a preliminary injunction to stop the final forfeiture citing forceful eviction saying the suit by the Imo state government was not properly instituted.
However Justice Njemanze held that the suit filed by the state was not only properly filed but was also a suplousage, as the white paper gazette by the state government is a legal binding document.
Further, Justice Njemanze concluded that there is no reason before the court why the forfeiture should not be made absolute and final, saying every property on pages 226 to 272 of the white paper has been forfeited to the Imo state Government who can do whatever they deem fit with it.
For those who had purchased some of the properties in contention, the court said they are at liberty to approach the court to prove their titles, adding that the properties as at today have been returned to the Imo state Government.
Justice Fred Nkemanze had on the 26th of February 2021 given an interim order of forfeiture urging Senator Okorocha to approach the court to show cause as to why a final and absolute order of forfeiture should not be given over the properties following an application brought by Mr Louis Alozie, Senior Advocate of Nigeria, on behalf of the state government.
