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.