[Just In] N4 Billion Theft: Obiano To Face Trial As Court Refuses To Revoke Charges

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.” 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.

“The honorable court lacks the requisite jurisdiction to entertain issues on accountability for security vote funds.” In his ruling on Thursday, Justice Ekwo held that on the issue of proof of evidence, the Federal High Court is a court of summary jurisdiction in criminal proceedings.

On the defendant’s argument that his client cannot be tried over security votes because an appeal had been filed, the judge also held that the appeal court judgement referenced by the defendant has been determined in EFCC’s favour by the Supreme Court.

“The submission of proof of evidence by the defendant is mistaken and not applicable in this court,”Ekwo held while overruling the former governor on the grounds of proof of evidence.

Justice Ekwo clarified that the ex-governor’s security votes, which are derived from Nigeria’s federation account, are indeed within the jurisdiction of the EFCC to investigate.

Subsequently, the judge dismissed the ex-governor’s application,“I find at this point that none of the provisions of the 1999 Constitution (as amended) upon which the applicant relied on in his application, has any bearing on this case..

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