Justice Inyang Ekwo of the Federal High Court in Abuja has scheduled April 18 to deliver a ruling on a motion by ex-Anambra Governor Willie Obiano, seeking to nullify the N4 billion money laundering accusation brought by the Economic and Financial Crimes Commission (EFCC).
The decision comes after both parties presented their arguments, with the EFCC’s counsel, Sylvanus Tahir, SAN, urging the court to reject Obiano’s plea, arguing that misappropriated security votes are subject to judicial review.
On the other hand, Obiano’s counsel, Onyechi Ikpeazu, SAN, requested the court to dismiss the prosecution’s objections and uphold his client’s motion. Justice Ekwo has indicated that the parties will be notified if the ruling is ready prior to the set date.
Obiano faces allegations of diverting N4 billion allocated for security votes during his tenure and is charged with nine counts of money laundering.
The EFCC asserts that Obiano conducted numerous illegal cash transactions, bypassing financial institutions and exceeding the legal transaction limits.
The motion, supported by various sections of the Nigerian Constitution and the Administration of Criminal Justice Act, challenges the jurisdiction of the court over the charges.
Obiano contends that no prima facie case has been established, as there is no evidence linking him to the alleged misappropriation of funds. He argues that the lack of witness testimony absolves him of responsibility for any purported illegal actions by Anambra state officials, as the concept of vicarious liability does not apply in criminal law.
Obiano’s legal team is seeking a court order to quash the charges, citing them as an abuse of the judicial process and lacking in specificity.
The defense maintains that there is no witness evidence to suggest that Obiano directed the disbursement of the security votes or other state funds.
The court’s upcoming ruling will determine the fate of the charges against the former governor.