In a recent movement, the quick previous Governor of Anambra State, Willie Maduabuchi Obiano has requested the Federal Excessive Court docket in Abuja to quash the N40bn corruption prices introduced in opposition to him by the federal authorities.
His request is contained in a brand new movement on discover filed earlier than Justice Inyang Ekwo and introduced pursuant to provisions of the 1999 Structure and the Administration of the Felony Justice Act 2015.
Within the grounds for the movement, Obiano claimed that there’s a subsisting enchantment by the Anambra State authorities difficult the authority of the Financial and Monetary Crimes Fee EFCC’s authority to analyze the funds.
Within the movement filed by his lead counsel, Onyechi Ikpeazu, SAN, Obiano argued that there was no connection between the proof of proof and the alleged accusation in opposition to him.
He averred that there was no testimony from any witness indicating that he issued directives for the disbursement of safety votes and different funds belonging to the Anambra State authorities.
He emphasised that he can’t be held accountable for any alleged illegal actions by officers of the Anambra State authorities as there isn’t a idea of vicarious legal responsibility within the legal justice system.
The previous governor is being prosecuted by EFCC on 9-count prices bordering on cash laundering to the tune of N40 billion.
The anti-graft company alleged that Obiano bypassed monetary establishments in quite a few illegal money transactions utilizing funds allegedly stolen from the state’s account.
The EFCC claimed that the money quantities concerned within the transactions exceeded legally permitted limits.
The movement on discover was introduced pursuant to part 6 (6) (a) and (b) and part 36(6) (6) b of the 1999 structure as amended and part 1(1) & (2), 266, 271(b), 383(4) &492 (3) of the Administration of the Felony Justice Act 2015.
Amongst others, Obiano is looking for “An order of the court docket quashing the moment cost for it quantities to flagrant abuse of judicial course of and a mockery of the legal Justice
“An order quashing the cost for non-disclosure of a chief facie case being obscure and devoid of precision in respect of all of the 9 rely prices.
“No prima facie case has been disclosed in opposition to the defendant on this cost. There isn’t a hyperlink between the proof of proof and the purported allegation made in opposition to the defendant within the cost
“No proof exists from any witness displaying that the defendant handed down a directive for the disbursement of safety votes and different funds belonging to Anambra State authorities.
“The defendant can’t be made answerable for any purported illegal actions of officers of Anambra State authorities as there isn’t a vicarious legal responsibility in our legal jurisprudence.
“The considering and conclusion of the prosecution on the counts arose from hypothesis and suspicions
“The subject material of the cost borders on accountability for safety vote funds.
The honourable court docket lacks the requisite jurisdiction to entertain points on accountability for safety vote funds
“There may be an enchantment filed by the Anambra state authorities difficult the powers of EFCC to analyze the safety vote of Anambra state authorities.
“The preferment of the complete cost is in unhealthy religion. This honourable court docket has inherent judicial energy to grant all of the reliefs sought above.
In the meantime, the trial Decide has mounted March 13 for all pending motions to be heard.
