Former Anambra State governor Willie Obiano is to face trial for a N4B fraud after a Federal High Court in Abuja dismissed an application by Obiano challenging the EFCC’s powers to prosecute him.
Mr 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 EFCC’s powers to prosecute him.
Ruling on an application filed by Mr Obiano challenging his trial on Thursday, Justice Inyang Ekwo said the application lacked merit and deserved to be dismissed.
The judge faulted and rejected all the grounds upon which Mr Obiano predicated his application.
He said the court would not know whether the former governor was linked to the alleged offences unless the trial was conducted in accordance with the law.
The judge held that the issue under contention was whether the state’s security votes were paid from the federation account, and so the prosecution had a valid case.
“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.
“This court has no powers to preempt the case of the prosecution, ” the judge said.
Ruling on the issue of proof of evidence, the judge said that the Federal High Court was 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.
He also said the Supreme Court had determined in favour of the EFCC the appeal filed by the Anambra government, which the defendant referenced.
He, however, said the provisions of the constitution through which the application was brought had no bearing on the case, adding, “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.”
Following the ruling, counsel to Mr Obiano, Onyechi Ikpeazu, moved an application requesting the release of his client’s international passport to enable him to travel abroad for medical treatment.
“This is based on the health condition and medical appointments of the defendant. His treatments usually last sixty day. He will comply with the conditions set by my lord,“ Mr Ikpeazu said.
Counsel to the EFCC, Sylvanus Tahir, said that the prosecution was not opposing the application even though expressed reservations about the 60 days required for treatment.
Mr Tahir said, “We are not opposed to the application but we have issues with the 60 days because the trial has been truncated already.”
The judge was willing to grant the application but said that the former governor must return his international passport to the court’s registrar upon his return.
He adjourned the matter until June 24, 25, 26, 27 for trial to start.
