N40bn fraud: Obiano loses bid to stop trial

The Federal High Court, Abuja, has refused to quash the N40Billion money laundering charges brought against the former governor of Anambra State, Willie Maduabuchi Obiano by the federal government. The trial Judge, Justice Inyang Ekwo, in a ruling Thursday, faulted and rejected all grounds upon which the application was predicted by Obiano. The court held that all the reliefs sought by Obiano are not grantable because they are premature and lacking in merit. Meanwhile, Justice Ekwo permitted the ex-governor 60 days to travel abroad for medical treatment. He ordered that Obiano be made to sign an undertaking to return to the country after the treatment and to deposit his travelling passport within three days of his return to Nigeria. The former governor had, amongst others, prayed the judge to dismiss the 9-count charges instituted against him by the Economic and Financial Crimes Commission EFCC on behalf of the federal government. He claimed that there was no connection between the proof of evidence supplied to court by EFCC and the accusations against him. He averred that there was no testimony from any witness indicating that he issued directives for the disbursement of security votes and other funds belonging to the Anambra State government. Obiano also claimed that he can not 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 the Anambra State government. “The defendant can not 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 the 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. However, the judge said that there is no way the court would know whether the former governor is linked with the alleged offences or not unless the trial is conducted in line with the provisions of the law. The former governor is being prosecuted by EFCC on 9-count charges bordering on money laundering to the tune of N40 billion. The matter is adjourned to June 24, 25, 26, and 27 for commencement of trial.

BREAKING: Obiano to be arraigned over alleged ₦4bn fraud

The Economic and Financial Crimes Commission will arraign the immediate-past governor of Anambra State, Willie Obiano, on Wednesday, January 24, before Justice Inyang Ekwo of the Federal High Court, Abuja, over alleged money laundering to the tune of N4,008,573,350. The ex-governor will be arraigned on nine count charges. The development comes over a week after the EFCC Chairman, Ola Olukoyede vowed to review all abandoned high-profile cases, especially those involving former Governors and Ministers. An impeccable source revealed, “We found that Obiano moved N4,008,573,350 from security votes into different accounts. The money at various times was changed into dollars and returned to Obiano by cash.” EFCC’s lead counsel, Slyvanus Tahir, SAN, will lead eight other lawyers in the trial of the former governor Some of the charges against Obiano include, “That you, Chief Willie Maduabuchi Obiano, whilst being the executive governor of Anambra State of Nigeria between March 2014 – March 2022, sometime between 7th February, 2018 to 18th February, 2019 in Abuja, within the jurisdiction of this Honourable Court, indirectly transferred through Mr Willie Nwokoye, your then principal private secretary, the sum of N156,800.00 only from the Anambra State Government Security Vote Account No: 5030050875 domiciled in Fidelity Bank Pic into the Fidelity Bank Ple Account No: 6060018819 belonging to C.I. Patty Ventures Nigeria Limited (an entity that had no business relationship with the Anambra State Government), which funds were dissipated for purposes unrelated / unconnected with the security affairs of Anambra State, which you reasonably ought to have known that such funds formed part of the proceeds of your unlawful act, to wit: (Stealing and Corruption) and you thereby committed an offence contrary to Section 15 (2) (b) of the Money Laundering (Prohibition) Act, 2011 (as amended) in 2012 and punishable under Section 15 (3) of the same Act. “That you, Chief Willie Maduabuchi Obiano, whilst being the executive governor of Anambra State of Nigeria between March 2014 — March 2022, sometime between 9th August, 2017 to 4th March, 2020 in Abuja, within the jurisdiction of this Honourable Court, indirectly transferred through Mr Willie Nwokoye, your then principal private secretary, the sum of N261,268,585.00 only from the Anambra State Government Security Vote Account No: 5030050875 domiciled in Fidelity Bank Plc into the Fidelity Bank Plc Account No: 5600062873 belonging to Easy Diamond Integrated Link (an entity that had no business relationship with the Anambra State Government), which funds were dissipated for purposes unrelated / unconnected with the security affairs of Anambra State, which you reasonably ought to have known that such funds formed part of the proceeds of your unlawful act, to wit: (Stealing and Corruption) and you thereby committed an offence contrary to Section 15 (2) (b) of the Money Laundering (Prohibition) Act, 2011 (as amended) in 2012 and punishable under Section 15 (3) of the same Act.” When contacted by our correspondent on Tuesday, the EFCC’s spokesperson, Dele Oyewale confirmed the development while noting that Obiano will be arraigned on Wednesday. “Yes, we’re arraigning Obiano tomorrow,” Oyewale noted. The ex-governor was first arrested at the Murtala Muhammad International Airport, Lagos, on March 17, 2022, as he was preparing to board a flight to Houston, the United States of America. The arrest took place at about 8.30 pm, hours after he left office as governor and, thus, lost his immunity from arrest and prosecution. He had been on the EFCC’s watchlist for some time before he was eventually arrested over corruption allegations. “Obiano was arrested for alleged misappropriation of public funds, including, N5 billion Sure-P and N37 billion security vote which was withdrawn in cash. Part of the funds was also allegedly diverted to finance political activities in the state,” EFCC had noted at the time.