The Economic and Financial Crimes Commission (EFCC) had accused the defendants of carrying out unauthorized financial transactions involving the Rivers State Government, alleging that the funds in question were proceeds of crime. However, the court found these allegations to be unfounded.
In her judgment, Justice Olotu discharged and acquitted the defendants in full, stressing that any grievances or further actions should be directed at Zenith Bank’s corporate headquarters, not its employees, who merely acted in their official capacities on behalf of the institution.
The court further upheld the submissions of the defence counsel, affirming that the funds belonging to Rivers State and deposited with Zenith Bank were not linked to any criminal activity. Addressing the fundamental elements of the charges, Justice Olotu ruled that, “Where the essential ingredients of an offence are not disclosed in the charge, Section 151, particularly subsection (4), is breached, leaving no foundation for prosecution or trial.” She therefore struck out Counts 8 to 19.
In support of her decision, the judge cited Section 36(12) of the 1999 Constitution (as amended), as well as established judicial authorities including Ohwovoriole v. FRN (2003) 2 NWLR (Pt. 803) 176 at 208 and Abacha v. State (2002) 11 NWLR (Pt. 77) 437, where the Supreme Court held that “where the facts disclosed in a charge fail to establish a prima facie case, the indictment must be dismissed.”
Regarding the defense’s position that the charges were frivolous, vindictive, and an abuse of court process, Justice Olotu noted that the accused were being prosecuted in violation of an existing court order in Suit No. FHC/PH/CS/1235/2008 (A.G. Rivers State v. EFCC). This prior order restrained the EFCC from investigating or demanding further information from the listed banks, including Zenith Bank. The court reaffirmed that the order remains in effect and must be obeyed under Section 287(3) of the Constitution. Justice Olotu reiterated, “The Constitution is the supreme law of the land, superseding all other legislation, including the EFCC Act and the Police Act, which grant investigative and prosecutorial powers to the EFCC.” She relied on precedents such as Fasakin Foods v. Shosanya (2006) 10 NWLR (Pt. 989) 126, Phoenix Motors Ltd v. National Provident Fund Management Board (1993) 1 NWLR (Pt. 272) 718, and Amechi v. INEC (2007) 9 NWLR (Pt. 1040) 504 to underscore the primacy of the Constitution.
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Description : The Federal High Court in Port Harcourt absolved four Zenith Bank employees—Oropo Olakunle, Mohammed Bello-Koko, Chimezie Kanu, and John Olo...
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