By Abiola Olawale
A Federal High Court sitting in Abuja has granted an order securing the release of the international passport of the immediate-past governor of Anambra State, Willie Obiano.
The court made the ruling following the prayers of the former governor to embark on a medical trip,
The court on Thursday, during its proceedings also dismissed prayers from Obiano to stop the Economic and Financial Crimes Commission (EFCC) from trying him, over the alleged N4bn theft charges against him.
The presiding judge, Justice Inyang Ekwo of the Federal High Court in Abuja dismissed the preliminary objection filed by Obiano to challenge the powers of the EFCC to try him.
During court proceedings, Obiano, who was arraigned on January 24 on nine counts bordering on the theft of Anambra State security votes to the tune of N4bn argued that the EFCC lacked the power to prosecute him.
Obiano, through his lawyer, Onyechi Ikpeazu (SAN) urged the court to, therefore, quash the charges, describing them as an abuse of the court process.
Obiano maintained that no prima facie case had been established against him.
But in a ruling on Thursday, Justice Inyang Ekwo said the application lacked merit and therefore dismissed it.
Justice Ekwo said since the security vote, which is the crux of the matter, is paid from the Federation Account, the Federal High Court had jurisdiction to entertain the case.
He ruled: “As long as the EFCC Act has not been declared unconstitutional, this court cannot stop the implementation of the Act.
“The powers of the EFCC ought to be a question of law and have bearing in the 1999 Constitution.
“State security vote comes from the Federation Account, making the development a constitutional issue.
“This court has no powers to pre-empt the case of the prosecution, “ the judge held.
After the ruling, Ikpeazu moved an application to vary the bail granted to the defendant.
“This is based on the health conditions and medical appointments of the defendant. His treatments usually last 60 days. He will comply with the conditions set by my lord, “ Ikpeazu added.
The judge, however, granted Obiano’s prayer and subsequently adjourned till June 24, 25, 26 and 27 June for trial.
