The Federal High Court sitting in Abuja has dismissed an application by the immediate past governor of Anambra State, Willie Obiano, challenging the powers of the Economic and Financial Crimes Commission (EFCC) to prosecute him.
Ruling on an application filed by Obiano challenging his trial on Thursday, April 18, 2024, Justice Inyang Ekwo said the application lacked merit and deserved to be dismissed.
The judge faulted and rejected all the grounds upon which the application was predicated on by Obiano.
He said there was no way the court would know whether the former governor was linked with the alleged offences or not unless the trial was conducted in line with the provisions of the law.
Justice Ekwo held that the issue under contention which was the security votes of the state were paid from the federation account, noting that the prosecution has a valid case.
The judge said: “As long as the EFCC Act has not been declared unconstitutional, this court cannot stop the implementation of the Act.
“The powers of the EFCC ought to be a question of law and has bearing in the 1999 Constitution.
“State security votes come from the federation account making the development a constitutional issue.
EFCC: How ex-Gov Obiano stole N4bn Anambra security vote
“This court has no powers to preempt the case of the prosecution.”
Ruling of the issue of proof of evidence, the judge said the Federal High Court is a court of summary jurisdiction in criminal proceedings.
He held that summary jurisdiction excused the use of proof of evidence prior to the commencement of trial.
Justice Ekwo also said the appeal filed by the Anambra State Government referenced by Obiano had been determined in favour of the EFCC by the Supreme Court.
He, however, said the provision of the constitution through which the application was brought has no bearing on the case.
“I find at this point that none of the provisions of the 1999 Constitution (as amended) upon which the applicant relied on in his application has any bearing on this case,” the judge declared.
Following the ruling, Obiano’s counsel, Onyechi Ikpeazu (SAN), moved an application requesting the release of the former governor’s international passport to enable him travel abroad for medical treatment.
Ikpeazu said: “This is based on the health condition and medical appointments of the defendant.
“His treatments usually last sixty days. He will comply with the conditions set by my lord.”
EFCC counsel, Sylvanus Tahir (SAN), said the prosecution was not opposing the application but expressed reservations about the 60 days required for treatment.
“We are not opposed to the application but we have issues with the 60 days because the trial has been truncated already,” Tahir said.
The judge was minded to grant the application but said Obiano must return his international passport to the registrar of the court upon his return.
Justice Ekwo, therefore, adjourned the matter until June 24, 25, 26, and 27 for the commencement of trial.
Obiano, who was arraigned on January 24, is standing trial on a nine-count charge bordering on alleged N4 billion fraud.
The former governor then filed an application challenging the powers of the EFCC to prosecute him.
He prayed the court to quash the instant charges against him, describing them as an abuse of court process.
Obiano claimed that there was no connection between the proof of evidence supplied to the court by EFCC and the accusations against him.
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