The federal high court sitting in Abuja has dismissed the preliminary objection filed by Willie Obiano, former Governor of Anambra State, against the N4 billion security votes fraud charges brought against him by the Economic and Financial Crimes Commission (EFCC).
Presiding judge, Justice Inyang Ekwo, held on Thursday that the ex-governor cannot stop the EFCC from implementing the act that founded it as an anti-graft agency, adding that security votes emanate from Nigeria’s federation account and is a constitutional matter.
Naijaonpoint previously reported that the EFCC had countered Obiano’s motion to quash the case brought before the court.
EFCC’s lawyer, Sylvanus Tahir (SAN), had told Justice Ekwo a month ago to refuse the motion of the ex-governor.
Tahir contended that the Economic Governance Section of the EFCC is investigating the affairs of Anambra State under the stewardship of the defendant as governor between 2014 to 2022.
He added that the investigation was not restricted to Security Votes Accounts, contrary to the deposition in the governor’s legal team.
The prosecution stated,
The EFCC urged the court to convict the governor on all counts, including counts 4 which reads:
“That you, Chief Willie Maduabuchi Obiano, whilst being the Executive Governor of Anambra State of Nigeria between March 2014 – March 2022, sometime between 13th February 2018 to 2nd March 2022, in Abuja, within the jurisdiction of this Honorable Court, indirectly transferred through Mr Willie Nwokoye, your then principal private secretary, the sum of N1, 206, 760,310 Billion ( One Billion, Two Hundred and Six Million, Seven Hundred and Sixty Thousand, Three Hundred and Ten Naira only) from the Anambra State Government Security Vote Account No: 5030050875 into an account belonging to Moment of Peace Ventures (an entity that had no business relationship with the Anambra State Government ) which funds were dissipated for purposes unrelated / unconnected with the security affairs of Anambra State, which you reasonably ought to have known that such funds formed part of the proceeds of your unlawful act, to wit: (Stealing and Corruption) and you thereby committed an offense contrary to Section 15 (2) (b) of the Money Laundering (Prohibition) Act, 2011 (as amended) in 2912 and punishable under Section 15 (3) of the same Act.“
Obiano through his lawyer, Onyechi Ikpeazu (SAN), filed a motion on notice seeking an order of the court squashing the instant charge for amounting to flagrant abuse of judicial process and a mockery of the criminal justice.
He argued in his processes that no evidence showed his client passed down directive for the disbursement of security votes and other funds belonging to Anambra State government.
The lawyer disclosed that there was already an appeal filed by the Anambra State government challenging the powers of the EFCC to investigate the security vote of Anambra State government.
He stated,
In his ruling, Justice Ekwo held that on the issue of proof of evidence, the federal high court is a court of summary jurisdiction in criminal proceedings.
He explained that summary jurisdiction excuses the use of proof of evidence prior to the commencement of a trial.
He said the powers of the EFCC ought to be a question of law and must have bearing on the 1999 Constitution.
He said the powers of the EFCC ought to be a question of law and must have bearing on the 1999 Constitution.
He observed that state security votes come from the federation account, making the development a constitutional issue.
Subsequently, the judge dismissed the ex-governor’s application.
Ikpeazu thanked the court and then appealed that the court vary the bail granted to the defendant so that he could travel.
The application was not opposed by the EFCC.
The judge granted the application and adjourned the case to 24, 25, 26, 27 of June for trial.