The Federal High Court, Abuja on Thursday 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 an application filed by Obiano challenging his trial on Thursday, 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.
He said that there was no way the court would know whether the former governor was linked with the alleged offences or not unless the trial was conducted in line with the provisions of the law.
Justice Ekwo held that the issue under contention, which was the security votes of the state were paid from the federation account and so the prosecution had a valid case.
Obiano also claimed that he cannot be held accountable for any alleged unlawful actions by officials of the Anambra State government as there is no concept of vicarious liability in the criminal justice system.
His motion on notice was brought pursuant to section 6 (6) (a) and (b) and section 36(6) (6) b of the 1999 constitution as amended and section 1(1) & (2), 266, 271(b), 383(4) &492 (3) of the Administration of the Criminal Justice Act 2015.
Among others, Obiano sought “An order of the court quashing the instant charge for it amounts to flagrant abuse of judicial process and a mockery of the criminal Justice
“An order quashing the charge for non-disclosure of a prime facie case being vague and devoid of precision in respect of all the 9 count charges.
“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
“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 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.
“The thinking and conclusion of the prosecution on the counts arose from speculation and suspicions
“The subject matter of the charge borders on accountability for security vote funds.
The honourable court lacks the requisite jurisdiction to entertain issues 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 Anambra state government.
“The preferment of the entire charge is in bad faith. This honourable court has inherent judicial power to grant all the reliefs sought above. (NAN)