A former Governor of Imo State, Rochas Okorocha, and his wife, Nkechi, have appealed a judgment which ordered the permanent forfeiture of their property to the state government.

Justice Fred Njemanze of the state High Court had on August 9 gave a judgment ordering permanent forfeiture of over 47 property linked to Okorocha, his wife and the Incorporated Trustees of Rochas Foundation.

But in an appeal filled on August 10 and made available to journalists in Owerri on Thursday, the couple said the trial judge erred in law.

The appeal, which was filed by Okorocha’s lawyer, Oba Maduagwu, read in part, “The trial court erred in law when it entered final judgment in the suit when the parties had neither be heard nor allowed to file and adopt their various processes to show cause why the order of interim forfeiture should be set aside.

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“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. The respondent, an applicant before the trial court, brought an application for interim forfeiture of certain properties and the application was brought ex-parte.

“The trial court was obviously in error and breached the appellants’ constitutional rights to fair hearing when it went ahead to deliver its final judgment in the suit without hearing and deciding all pending applications before the court.

“The jurisdiction of a court is donated by statute and any power exercised by the court which does not stem from any law or statute or the constitution is done without jurisdiction.”