Port Harcourt, Rivers State –* On August 5, 2009, the Federal High Court in Port Harcourt dismissed all charges against four Zenith Bank employees—Mohammed Bello-Koko, Oropo Olakunle, Chimezie Kanu, and John Ologundare. Presiding Justice G.K. Olotu struck out the 19-count charges filed by the Economic and Financial Crimes Commission (EFCC), declaring the allegations baseless.
The EFCC had accused the employees of facilitating unauthorized financial transactions involving the Rivers State Government, claiming the funds were linked to criminal activity. However, the court found no merit in the accusations. Justice Olotu ruled that the defendants had acted as representatives of Zenith Bank and should not be personally liable. Any further grievances, she stated, should be directed at the bank’s corporate headquarters.
Through her judgment, Justice Olotu invalidated Counts 8 to 19 of the charges, citing Section 36(12) of the Nigerian Constitution and established case law. She emphasized, “If the essential elements of an offense are not explicitly outlined in the charges, prosecution or trial cannot proceed.” Precedents, including Ohwovoriole v. FRN (2003) and Abacha v. State (2002), were referenced to underscore this principle.
Additionally, the court noted that the EFCC’s actions violated a prior court order under Suit No. FHC/PH/CS/1235/2008 (A.G. Rivers State v. EFCC), which had restrained the EFCC from investigating or seeking further information from any banks, including Zenith Bank. Justice Olotu reaffirmed that the Constitution remains the supreme law, taking precedence over any conflicting legislation, including the EFCC Act. She referenced landmark rulings, such as Fasakin Foods v. Shosanya (2006) and Amechi v. INEC (2007), to uphold this view.
The court’s decision fully acquits all four employees, bringing closure to the case.
