The Economic and Financial Crimes Commission (EFCC) has petitioned the Chief Judge of the Federal High Court over an ex parte order for the release of the passport of the immediate past governor of Anambra State, Chief Willie Obiano.
Besides, the commission wants Justice Hyeladzira A. Nganjiwa of the Awka Division of the Federal High Court to recuse himself from the fundamental rights action on the grounds that he is a party in the Commission’s appeal at the Supreme Court in the corruption case, H. A. Nganjiwa VS. FRN.
Justice Nganjiwa had granted the interim order to enable Obiano to travel to the United States of America to keep his medical appointment.
The EFCC alleged yesterday that it was denied fair hearing in the matter.
The Head of Media and Publicity of EFCC, Mr. Wilson Uwujaren, said in a statement that Obiano had approached the court on March 11 before handing over on March 17.
The EFCC said he filed the application at the court in anticipation of his arrest.
The statement reads: “Obiano is being investigated by the EFCC for alleged corruption and money laundering during his tenure as Anambra State governor from 2014 to 2022.
“He was arrested on March 17, 2022 at the Murtala Muhammed Airport in Lagos as he attempted to leave the country hours after handing over to his successor, Professor Chukwuma Soludo.
“He had earlier been watch-listed by the commission.
“Surprisingly, the former governor had attempted to arm-twist the Commission with an ex parte order obtained from Justice Nganjiwa of the Federal High Court, Awka, Anambra State.
” Available court documents indicate that Obiano had on March 11, 2022, ahead of his handover on March 17, 2022 filed a motion ex parte dated March 10, 2022 before Justice Nganjiwa praying among others, for an interim injunction stopping the EFCC from arresting or preventing him from travelling out of the country for his medical treatment.
“While the court in one breath ordered the applicant to put the commission on notice why interim preservatory order should not be granted, it went ahead to make an order that the commission should not obstruct, impede or prevent the applicant from travelling abroad to keep his medical appointment and adjourned till March 23.
“On March 31, the Commission was served an originating motion on notice for the enforcement of the applicant’s fundamental rights.
“Curiously, the motion was filed on March 11, 2022, the same date as the motion for ex parte order.
“This was followed by another motion on notice on April 4, putting the commission on notice to release Obiano’s passport to enable him travel abroad for his medicals with hearing fixed for April 6, and instructions that proceedings shall be conducted virtually via Zoom.”
The EFCC said it had petitioned the Chief Judge of the Federal High Court to ask Justice Nganjiwa to hands off Obiano’s matter.
The statement added: “Ahead of the hearing, the Commission petitioned the Chief Judge of the Federal High Court asking that Justice Nganjiwa recuse himself from the fundamental rights action on the grounds that he is a party in the Commission’s appeal at the Supreme Court in the corruption case, H. A. Nganjiwa VS. FRN.
“But when the case was called, Justice Nnamdi Dimgba held the brief of his brother judge, who is bereaved. The case was subsequently adjourned, with instruction that counsel will be notified of the adjourned date.”