The Economic and Financial Crimes Commission (EFCC) has countered the former Governor of Anambra State, Willie Obiano, following his request that the N4 billion security votes-related fraud charges brought against him be quashed.
EFCC’ lawyer, Sylvanus Tahir SAN told Justice Inyang Ekwo of the Federal High Court, Abuja on Wednesday to refuse the motion of the ex-governor.
EFCC’s Counter-Affidavit
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,
- “That in the investigation into the financial affairs of Anambra State Government, the aspect bothering on laundering of funds from Security Vote Account has substantially been done leading to the filing of the instant charge, while other aspect of the investigation dealing with an allegation of stealing, corruption, abuse of office, conspiracy, etc are still underway and nearing completion.”
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’s Motion
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 passing down directive for the disbursement of security votes and other funds belonging to Anambra state government.
The lawyer disclosed that there is 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,
- “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.”
What transpired in court
At the resumed sitting on Wednesday, Tahir confirmed to the court that he responded to the defendant’s motion through a counter affidavit.
He adopted the submissions in his counter affidavit orally and asked the court to dismiss the motion.
On his part, Ikpeazu adopted his motion and urged the court to quash the EFCC’s case against his client.
Responding, Justice Ekwo fixed April 18 for ruling on the governor’s motion, adding if there is change in the scheduled date, the court would inform parties through a hearing notice.
What you should know
- Obiano was placed on the watchlist of the anti-graft agency over allegations of corruption, after the completion of his tenure in 2022.
- Days later, he was arrested at the Murtala Muhammed International Airport hours.
- On January 24, 2024, the anti-graft agency arraigned him before the court over alleged diversion of public funds, but he pleaded not guilty to the charges.
- Trial has stalled due to the motion filed by the governor which touches on the jurisdiction of the court.
- Nairametrics learns that it is part of the practice direction of the Federal High Court to quickly address issues on jurisdiction before entertaining a matter.
