Immediate past Governor of Anambra State, Willie Obiano, has asked the Federal High Court in Abuja to quash the N4 billion corruption charges brought against him by the Federal Government.
His request is contained in a motion on notice brought pursuant to provisions of the 1999 Constitution and the Administration of the Criminal Justice Act 2015.
In the grounds for the motion, Obiano claimed that there is a subsisting appeal by the Anambra State Government challenging the authority of the Economic and Financial Crimes Commission, EFCC to investigate the funds in question.
In the motion filed by Obiano’s lead counsel, Onyechi Ikpeazu, the former Governor averred that there was 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 noted that 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 criminal justice system.
At Thursday’s resumption of trial, prosecution counsel, Sylvanus Tahir, informed the court that he had received the defendant’s motion and had responded accordingly with counter affidavit.
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He however said that while attempting to serve the defendant’s counsel with his response, he found their gate locked but that he managed to deliver the response in the court room.
In his response, counsel for Obiano, Patrick Ekweto, requested time to respond to EFCC’S counter affidavit.
Justice in inyang Ekwo granted the defendant two days to file and serve their process on the EFCC and adjourned to March 13.
The former Governor is being prosecuted by EFCC on 9-count charges bordering on money laundering to the tune of N4 billion. The anti-graft agency alleged that Obiano by-passed financial institutions in numerous unlawful cash transactions using funds allegedly stolen from the state’s account.
Obiano is seeking an order of the court quashing the instant charge that it amounts to flagrant abuse of judicial process and a mockery of criminal justice among others. His other ground for the application is the non-disclosure of a prime facie case being vague and devoid of precision in respect of all the nine-count charges.
(Editor: Terverr Tyav)
