By Our correspondent
Former governor of Anambra state, Willie Obiano has queried the power of the Economic and Financial Crimes Commission (EFCC) to query the disbursement of the security vote of the state.
Obiano is also querying the jurisdiction of a Federal High Court in Abuja to entertain the N4billion money laundering charge brought against him by the EFCC.
In a motion he filed, praying the court to quash the nine-count charge, Obiano stated that Anambra state has a pending appeal in which it is also questioning the power of the EFCC to inquire into the use of its security votes.
Obiano said: “The subject matter of the charge borders 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 the Anambra State Government.
“The honourable court lacks the requisite jurisdiction to entertain issues on accountability for security vote funds
“No evidence exists from any witness showing that the defendant passed down a directive for the disbursement of security votes and other funds belonging to the Anambra state government.
“The defendant 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.
“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
“The thinking and conclusion of the prosecution on the counts arose from speculation and suspicions
“The preferment of the entire charge is in bad faith. This honourable court has inherent judicial power to grant all the reliefs sought above.”
He wants the court to issue an order quashing the charge “for it amounts to flagrant abuse of judicial process and a mockery of the criminal justice.”
He is also seeking “an order quashing the charge for non-disclosure of a prime facie case, being vague and devoid of precision in respect of all the nine count charges.”
At the mention of the case on Thursday, the lawyer to the prosecution, Sylvanus Tahir (SAN) confirmed being served with the defendant’s motion.
Tahir said he has responded, adding that although he could not serve the defendant with his counter affidavit earlier, he has eventually been able to do so.
Defence lawyer, Patrick Ekwueto (SAN) however, requested time to respond to the prosecution’s counter affidavit.
Ruling, Justice Inyang Ekwo granted the defendant two days within which to file and serve its reply on the EFCC and adjourned till March 13 for a hearing.
In the charge marked: FHC/ABJ/CR/15/2024, the prosecution alleged that while in office between March 2014 and March 2022 Obiano indirectly transferred funds from Anambra State Government’s security vote account, which he deployed for purposes not related to security problems in the state.
