Okorocha Hunted By His Past Indulgence

CICERO/Issue

Considering his perceived recklessness in acquiring public properties while serving as Governor of Imo State, Senator Rochas Okorocha has been nailed as he forfeits all he had illegally acquired, Amby Uneze writes

History is the best teacher to those who want to learn from it. But as human beings continue to lust for fame and prosperity, most times, they tend to forget what history teaches. That is the case of the former Imo State governor, Senator Rochas Okorocha, who was governor from 2011 to 2019.

Perhaps, Okorocha did not believe that the state he allegedly ran as a private estate for eight years could in less than two years of his exit tackle him to the point that he could be forced to vomit some of the illegally acquired wealth that allegedly belonged to the state.

The state had asked the former governor to explain to the people how he allegedly converted certain properties that belonged to the state to his. Conspicuously, when he held sway in the state, he had the knack to disrespect judicial pronouncements, and had the penchant to run the state as a family concern. He allegedly preoccupied himself with the acquisition of state’s land illegally as well as properties, even with state resources.

By the time he was through with his acquisition of sprawling and massive estates in all the nooks and crannies of the state, he wasn’t done yet. Is it the Eastern Palm University at his village, Okpoko, in Ideato South Local Government Area (which the government has renamed KO Mbadiwe University, or his Royal Palm Hotels and Apartment in Owerri which he ascribed to his wife, Nkechi, or the former Imo Broadcasting Corporation (IBC) staff quarters at Orji, that he turned to his private Rochas Foundation College, or the massive land he converted to build his private mansion at Spibat? The list is endless.

Again, Okorocha’s conversion of the new Owerri area originally mapped out for the relocation of Imo New Government House which he gave out to family members and cronies is another issue of concern to the government and people of the state. It is indeed not an understatement for someone to say that Okorocha and family members own half of the properties in Owerri capital city. Then one can ask: Did all these properties belong to him and his family members before he assumed office in 2011? And the answer is in the negative.

Granted that the period of his reign as governor experienced the opening up of the state astronomically, it is also believed that the major reason for opening up the state was to enable him to acquire more estates and properties in those virgin areas. No wonder, Okorocha publicly claimed that he was richer than the state. That assumption actually is not contestable considering the level of alleged wealth he allegedly amassed using his office as the governor.

Based on the above scenario, subsequent governments after him believed that recovering some of the properties he illegally acquired while serving the state as governor should be a task that must be accomplished.

This had prompted his immediate successor, Hon. Emeka Ihedioha, to set up a Judicial Panel of inquiry into land matters and related issues. The panel headed by Justice Ijeoma Ogugua was set up to investigate wrong acquisition of lands and review lands taken over by the previous administration without due process.

Ironically, the panel drew its powers from the state Judiciary Panel of Enquires Law enacted under the administration of Okorocha. To do its job efficiently, the panel invited memoranda from the general public – interest groups and persons.

All that Governor Hope Uzodimma did was to allow the panel to continue with its enquiry for the general good of Imo people, having seen its potency, which conformed to the extant laws of the land.

The panel completed its sittings and came up with a 74-page report with recommendations to the state government. The Imo State Executive Council deliberated on the report and came up with a White Paper, which was gazetted and it became a supplemental legislation, having the full backing of the law.

It was based on this that the state government sealed the premises of the Royal Palm Estate as recommended by the Judicial Panel of Inquiry, having been built on an area specified as a green verge.

Before the release of the government White Paper, Okorocha went to court seeking an injunction to stop the state government from sealing or taking over the properties recommended by the panel. On that basis also, the state government filed a suit also seeking the permanent forfeiture of the over 500 properties that allegedly belonged to the state government.

On Monday, August 9, Justice Fred Njemanze of an Owerri High Court sitting as a vacation judge, ordered the final and absolute forfeiture of the Royal Palm Springs, the former Easter Palm University, Rochas Foundation College at Orji and all properties contained in pages 226 to 272 of the state government White Paper on recovery of lands and properties belonging to the state, which were over 500 in number.

In his ruling, the judge held that Okorocha failed to give concrete and verifiable reasons why a final and absolute forfeiture order should not be given in favour of the state. He also described his defence as “a surplusage”, a term in law which means a useless statement completely irrelevant to a matter.

Okorocha had filed a preliminary objection to stop the final forfeiture, citing forceful eviction and that the suit by the state government was not properly instituted. However, Justice Njemanze held that the suit filed by state government was not only properly filed but was also timely, as the white paper is a legal binding document.

The judge concluded that there is no reason before it to justify why the forfeiture should not be made absolute and final.

“To this end, every property on pages 226 to 272 of the white paper has been forfeited to the Imo State Government and they can do with it whatever they deem fit”.

As for those who had made purchase on such properties, the court said they are at liberty to approach the court to prove their titles; however the properties as at today have been returned to the Imo State Government.

Justice Njemanze had on February 26, 2021 given an interim order of forfeiture, urging 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, a Senior Advocate of Nigeria (SAN), on behalf of the state government.

Part of the properties to be forfeited include: “Eastern Palm University, Ogboko; Royal Spring Palm Hotels and Apartments; IBC staff quarters said to have been illegally acquired for the purpose of Rochas Foundation College; Owerri magistrate quarters, Orlu road/co-operative office/Girls Guide allegedly converted to private use housing Market Square Supermarket; Kilimanjaro eatery; public building plot B/2 Otamiri South Extension Layout given to the Ministry of Women Affairs for establishing a skills acquisition centre for women, allegedly acquired for the benefit of Nneoma Nkechi Okorocha’s all-in stall, Aba road”.

Others include: “Plot P5, Naze residential layout, initially part of Primary School Management Board but now annexed to All-In Stall, Aba Road, belonging to Nkechi Okorocha, and all the properties contained from pages 226 to 272 of the government white paper on the recommendation of the judicial commission of inquiry into land administration in Imo State from June 2006 to May 2019”.

Speaking on the court judgment, the Imo State Commissioner for Information and Strategy, Hon. Declan Emelumba, had described the ruling as a victory for Imo people because the properties belong to them.

“What happened was that when the judicial panel of inquiry was set up by the previous administration, it had cogent reasons for that. Moreover, the panel was populated by prominent jurists, which is a legal procedure anywhere recognised by law.

“First of all, Okorocha went to court to stop that panel and failed and the panel concluded their work, sent the report to the governor and the governor followed all legal procedures, brought the report to the Exco and after exhaustive deliberation, the government issued a white paper.

“By the time a white paper is issue based on the report of that well constituted panel of inquiry, it is like a court pronouncement; so, the next thing is to implement the findings, which was what led the government to recover the former Eastern Palm University and then sealed the Spring Palm Estate owned by the wife.

“To fulfill all righteousness, even when we knew that the government was legally right in sealing the estate and recovering the properties, the government now went to court to get an order and the court gave an interim order authorising the government to seal the properties. The court invited him (Okorocha) to produce evidence why that interim order could not be converted into a final and absolute order and his lawyer made his submission which the court disproved and finally gave a ruling in favour of Imo State government to recover all the stolen property numbering up to 500. By the ruling, it is now a further confirmation that the government is following due process in this action”, Emelumba, had stated.

Reacting, the lead counsel to the respondents, Oba Maduabuchi, also a Senior Advocate of Nigeria (SAN), described the judgment as “perfidy of justice”, noting, that: “I’m baffled at the court. On Friday, a text message came from the judge that he would deliver his ruling on Monday or Tuesday. So because of the sit-at-home order by IPOB we agreed for Tuesday. I was shocked when my colleague rushed into the room and told me that they have delivered a ruling, not just ruling but a judgment.

“We had earlier on Tuesday argued the objections I raised on the processes filled by the state government; the judge said he reserved his ruling; when ruling is reserved, it means that no particular date is fixed but when it’s ready, parties are informed,” Maduabuchi said.

According to him, “we are definitely going to appeal the judgment, even a primary school pupil knows that the judgment can’t stand.”

However, it was an expected verdict by the court considering the level of greed perpetuated by Okorocha. The people of the state had before now, mandated the present government to ensure that all properties illegally acquired by Okorocha were recovered.

That was why the government took it as a priority and approached a court of competent jurisdiction for the recovery.