The Economic and Financial Crimes Commission has said the Anambra State Government was not a defendant in the trial of the former governor Willie Obiano.
It said that the state government’s appeal on the matter was inconsequential.
Obiano had in a motion dated March 3 disclosed that the Anambra state government has filed an appeal challenging the authority of the EFCC to investigate and try him.
“There is an appeal filed by the Anambra State Government challenging the powers of the EFCC to investigate the security vote of the Anambra State Government,” the motion partly read.
The ex-Anambra governor also urged the court to quash the charges against him, adding that the court lacked the requisite jurisdiction to entertain issues on accountability for security votes funds.
Obiano, who was arraigned on January 24, is standing trial on nine charges bordering on alleged N4bn theft.
The EFCC, in its counter-affidavit to Obaino’s supporting affidavit for his motion on notice, stated that the referenced appeal has no relevance to the charges against Obiano.
The anti-corruption agency also said the charges and evidence presented against him establish a prima facie case against Obaino.
The counter-affidavit disposed to by one Habu Fari partly read, “Contrary to the depositions contained in paragraphs 5 (v) and (vi) of the Defendant’s affidavit, the charge and the proofs of evidence disclose a prima facie case and link the Defendant with the allegations constituted in the Charge
“That the deposition contained in paragraph 5 (xi) of the affidavit in support of Motion, Anambra State Government is not a Defendant in the instant proceedings and the Defendant is not Anambra State. The appeal alluded to have no bearing or relationship with the Instant Charge. ”
The EFCC also said the charges preferred against Obiano were devoid of witch-hunting.
“Contrary to the deposition in paragraphs, 5(xii), (xii), (xiv), (xv), (v) (xvii) and (xviii), the instant Charge is brought bonafide, initiated through due legal process, devoid of witch hunting, precise, unassailable and borne out of the process of a serious investigation as a call to duty to fight economic and financial crimes.
“That the counts constituted in the Charge all border on money laundering which this Honorable Court has exclusive jurisdiction to try,“ the commission said.
At the proceedings on Wednesday, the counsel for the defendant, Onyechi Ikpeazu (SAN), adopted his processes and urged the court to grant his client’s prayers.
On his part, the EFCC’s counsel, Sylvanus Tahir, urged the court to dismiss the defendant’s application.
He submitted that security votes could be probed when misappropriated.
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Tahir said, “I urge your lordship to dismiss the application of the defendant. This court has jurisdiction to hear the matter. Security votes are like any other funds when misappropriated it can be accounted for.”
The trial judge, Justice Inyang Ekwo adjourned till April 18, 2024, for ruling on Obaino’s application.
