Mr Willie Obiano, the immediate past governor of Anambra State has asked the Federal High Court to squash the criminal charges against him.
This request is contained in a motion before Justice Inyang Ekwo brought pursuant to provisions of the 1999 constitution and the Administration of the Criminal Justice Act 2015.
In the grounds for the motion, Obiano revealed that an ongoing appeal by the Anambra state government challenges the EFCC’s authority to investigate these funds.
Obiano argued that there is no connection between the proof of evidence and the alleged accusation against him.
He averred that there is no testimony from any witness indicating that he issued directives for the disbursement of security votes and other funds belonging to the Anambra state government.
He emphasised that the he cannot be held accountable for any alleged unlawful actions by officials of the Anambra state government, as there is no concept of vicarious liability in our criminal justice system.
Background
Obiano is being prosecuted by the Economic and Financial Crimes Commission (EFCC) on 9 count charges bordering on money laundering to the tune of N4 billion.
The 9 count money laundering charge alleges that he bypassed financial institutions in numerous unlawful cash transactions using funds purportedly stolen from the state’s account.
The EFCC stated that the cash amounts involved in these transactions exceeded legally permitted limits.
The motion
The motion on notice was brought pursuant to section 6 (6) (a) and (b) and section 36(6) (6) b of the 1999 constitution as amended.
The motion was also brought pursuant to section 1(1) & (2), 266, 271(b), 383(4) &492 (3) of the Administration of the Criminal Justice Act 2015.
He is seeking “An order of the court squashing the instant charge for it amounts to flagrant abuse of judicial process and a mockery of the criminal Justice
He also sought “An order squashing the charge for non disclosure of a prime facie case being vague and devoid of precision in respect of all the 9 count charges.
Grounds for application
- No prima facie case has been disclosed against the defendant in this charge.
- There is no link between the proof of evidence and the purported allegation made against the defendant in the charge
- No evidence exist from any witness showing that the defendant applicant passed down directive for the disbursement of security votes and other funds belonging to Anambra state government.
- The defendant/applicant cannot be made answerable for any purported unlawful actions of officials of anambra state government as there is no vicarious liability in our criminal jurisprudence.
- The thinking and conclusion of the prosecution on the counts arose from speculation and suspicions
- The subject matter of the charge borders on accountability for security vote funds.
- The honorable court lacks the requisite jurisdiction to entertain issues on accountability for security vote funds
- There is an appeal filed by the Anambra state government challenging the powers of EFCC to investigate the security vote of Anambra state government.
- The preferment of the entire charge is in bad faith.
- This honourable court has inherent judicial power to grant all the reliefs sought above.
What happened in Court today
At the resumption of trial, Sylvanus Tahir (SAN), counsel for the EFCC, informed the court that he had received the defendant’s motion and had responded accordingly.
However, when attempting to serve the defendant’s counsel with his response, he found their gate locked. He managed to deliver the response only this morning, prior to the start of court proceedings.
In response, Patrick Ekweto (SAN), counsel for the Defendant/Applicant, requested more time to respond to the application, seeking an adjournment to enable him to fully understand the Applicant’s position and craft a suitable response.
Court’s decision
In a short ruling, Justice Ekwo gave the defendant’s counsel, two days to file and serve their process on the applicant.
He said “Upon being served this morning the defendant is given two days to file and serve and return on 13th to take the motion.”
