The Anambra State Government has kicked against the trial of a former governor of the state, Willie Obiano, by the Economic and Financial Crimes Commission.
Anambra State Governor Charles Solido who gave the indication on Thursday on his Facebook page, wrote: “Today, in the company of the APGA National Chairman, Ezeokenwa Sly Jr, I paid a solidarity visit to my respected predecessor, Chief Willie Obiano, in Abuja.
“The two-hour chat was a valuable time well spent. By His grace, this one too shall pass.”
The trial of Obiano resumed on Thursday, with his lawyer, Onyechi Ikpeazu (SAN), telling Justice Inyang Ekwo that the Anambra State government was opposed to Obiano’s trial by the EFCC.
The SAN told the court about a March 3 appeal filed by the state government to challenge the authority of the EFCC to investigate and try Obiano.
Ikpeazu said, “The subject matter of the charge bothers on accountability for security votes funds.
He said the court has no jurisdiction to hear the case on accountability for security votes funds.
“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.
According to Ikpeazu, no witness gave any testimony that Obiano ordered the disbursement of security votes and other funds belonging to the Anambra State government.
He said, “No evidence exists from any witness showing that the defendant/applicant passed down directives on the disbursements of security votes and other funds belonging to Anambra State Government.
“The defendant/applicant 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 suspicion. This honourable court has inherent judicial powers to grant all the reliefs sought above.”
Obiano was arraigned on nine charges bordering on N4bn theft by the commission on January 24
The EFCC was charging Obiano with diverting Anambra State’s security votes to the tune of N4,008,573,350 while he was governor between 2014 and 2022.
With his arraignment before the Federal High Court in Abuja, Justice Ekwo granted Obiano extension of administrative bail but restricted his movement to Abuja.
Justice Ekwo directed the commission to keep Obiano’s passport in the court registrar.
Soludo, paid Obiano a day after his arraignment in Abuja
Meanwhile, the N4bn theft trial stalled for the second time on Thursday due to the inability of Obiano’s lawyer to respond to a counter-affidavit filed by the prosecution.
The matter, which was initially slated for hearing on March 5, had stalled over Obiano’s motion challenging the territorial jurisdiction of the court to hear the matter.
Justice Ekwo had then adjourned till Thursday to hear the motion.
However, at the resumed proceedings on Thursday, the EFCC prosecutor, Sylvanus Tahir (SAN), said he initially found it difficult to serve the processes on Obiano’s lead counsel, Ikpeazu, whose office he said was locked at the time he visited.
The prosecutor said he subsequently called another lawyer in Ikpeazu’s chambers, who notified him that his principal was engaged at a Governorship Election Petition Tribunal.
He, however, said he was able to serve both the counter-affidavit and the written address on the defendant.
However, the counsel, who represented Obiano in court, Patrick Ikweto (SAN), informed the court that he just got the EFCC’s processes and needed to study them and file his reply.
Justice Ekwo subsequently adjourned the matter till March 13.