April 18, (THEWILL)- The Federal High Court, Abuja, has dismissed an application by the former Governor of Anambra, Willie Obiano, challenging the powers of the Economic and Financial Crimes Commission (EFCC), to prosecute him.
Ruling on Thursday, in an application filed by Obiano challenging his trial, Justice Inyang Ekwo, said the application lacked merit and deserved to be dismissed.
The judge faulted and rejected all the grounds upon which the application was predicated on by Obiano.
“As long as the EFCC Act has not been declared unconstitutional, this court cannot stop the implementation of the act. The powers of the EFCC ought to be a question of law and have a bearing in the 1999 Constitution.
“State security votes come from the federation account making the development a constitutional issue. This court has no powers to preempt the case of the prosecution”, the judge said.
Ruling on the issue of proof of evidence, the judge said that the Federal High Court was a court of summary jurisdiction in criminal proceedings. He held that summary jurisdiction excused the use of proof of evidence prior to the commencement of trial.
The court also held that the appeal filed by the Anambra government referenced by the defendant had been determined in favour of the EFCC by the Supreme Court. It added that the provisions of the constitution through which the application was brought had no bearing on the case.
“I find at this point that none of the provisions of the 1999 Constitution (as amended) upon which the applicant relied in his application, has any bearing on this case”, the court held.
In his final analysis, the judge said that he was minded to make an order dismissing the application.
Following the ruling, counsel to Obiano, Onyechi Ikpeazu (SAN), moved an application requesting the release of his client’s international passport to enable him to travel abroad for medical treatment.
“This is based on the health condition and medical appointments of the defendant. His treatments usually last sixty days. He will comply with the conditions set by my lord”, Ikpeazu said.
Counsel to the EFCC, Mr Sylvanus Tahir (SAN), said that the prosecution was not opposing the application even though it expressed reservations about the 60 days required for treatment.
“We are not opposed to the application but we have issues with the 60 days because the trial has been truncated already.”
The judge was minded to grant the application but said that the former governor must return his international passport to the court’s registrar upon his return.
Felix Ifijeh is a journalist with years of professional reporting experience. Known for his keen news sense, compelling storytelling and commitment to accurate, impactful reporting, he has built a reputation for turning leads into clear, engaging, and well-structured reports that resonate with readers. His work reflects deep newsroom experience and a commitment to accurate, impactful journalism.
