The immediate-past Governor of Anambra State, Willie Obiano, has asked the Federal High Court in Abuja to quash the N40bn corruption charges brought against him by the Federal Government.
His request is contained in a new motion on notice filed before Justice Inyang Ekwo and brought pursuant to provisions of the 1999 Constitution and the Administration of the Criminal Justice Act 2015.
In the grounds for the motion, Obiano claimed that there is a subsisting appeal by the Anambra State government challenging the authority of the Economic and Financial Crimes Commission (EFCC)’s authority to investigate the funds.
In the motion filed by his lead counsel, Onyechi Ikpeazu, (SAN), Obiano argued that there was no connection between the proof of evidence and the alleged accusation 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.
He emphasised 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.
The former governor is being prosecuted by EFCC on 9-count charges bordering on money laundering to the tune of N40 billion.
The anti-graft agency alleged that Obiano bypassed financial institutions in numerous unlawful cash transactions using funds allegedly stolen from the state’s account. It claimed that the cash amounts involved in the transactions exceeded legally permitted limits.
The 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.
Meanwhile, the trial Judge has fixed March 13 for all pending motions to be heard.
