Tag: Obiano

A Federal High Court in Abuja heard on Wednesday that funds in the Security Vote Account maintained with a commercial bank by the Anambra State Government were moved into private companies’ accounts.

A prosecution witness, Ugochukwu Otubelu, disclosed this while testifying at the resumed hearing in the money laundering case involving the immediate past Governor of Anambra State, Willie Obiano.

Led in evidence by prosecuting lawyer, Sylvanus Tahir (SAN), Otubelu, who said he used to be a banker, told the court that he was in charge of managing the Anambra State security vote account as an Account Officer.

The witness identified the private companies as – Nazotal Ventures, C. I. Party Ventures Nigeria Limited, Moment of Peace Ventures, Youdoo Ventures and Eazy Diamond Limited.

The witness said the identified companies were among the entities whose accounts he managed.

When asked by Tahir whether there were ever inflows to the companies’ accounts from the Security Vote Account of Anambra State, Otubelu said yes.

When asked what happened to the funds that entered into the private companies’ accounts from the Anambra State Security Vote Account, the witness said: “It was used to process transactions for the Principal Secretary” to the defendant.”

He also told the court that the money did not go to the owners of the accounts.

The witness identified Obiano’s Principal Secretary, Willy Nwokoye and the Account at the Government House, Theophilus Nweze as the signatories to the security vote account.

He said Nwokoye was the one giving directives on how funds in the account should be disbursed.

Otubelu, who said he knows Obiano and has dealt with him on some occasions including taking cash to him in naira and United States dollars, added: “Still on the transactions of the Principal Secretary, he gives instructions on who the payment is to be made to. Sometimes, he instructs us to take cash directly to the defendant.”

He said at some times when he took money to Obiano he met top security personnel in the place.

Under cross-examination by defence lawyer, Onyechi Ikpeazu (SAN), Otubelu said Anambra State Government was not part of the account, it did not open the accounts and did not operate them.

On whether it was his idea that the accounts of the six companies should be used for the instructions given by the Principal Secretary, he said no.

Read Also: Stakeholders will discuss Tinubu’s plan for Niger Delta in NDDC Summit says Ogbuku

He said it was the Principal Secretary who requested the accounts for discreet security transactions

Another witness, Hayatu Adejo, a bureau de change (BDC) operator, told the court that during investigation, he was shown evidence that one of his companies – Connaught Nigeria Limited – received funds from Anambra State.

Adejo said the funds were paid into his account by a colleague named Ayuba to whom he sold dollars.

He said “I sold dollars to one Ayuba and he asked me for my bank account details and I gave him the account details.

“When the payment was done, I handed the US dollars to him but in the payment, the narration reads MC Payment meaning Mangers Cheque Payment.

“That is why I did not know that the money is from any state account,” he said.

Under cross examination, Adejo said his BDC company is a financial institution and that the transactions he had with Ayuba were legitimate business transactions.

He denied ever dealing with Obiano.

Further hearing in the case has been adjourned till October 7.

A Federal High Court in Abuja yesterday dismissed the objection raised by former Anambra State Governor Willie Obiano against the N4 billion money laundering charge the Economic and Financial Crimes Commission (EFCC) filed against him.

In the nine-count charge, the EFCC alleged, among others, that while in office between March 2014 and March 2022, Obiano indirectly transferred funds from Anambra State government’s security vote account, which he deployed for purposes not related to security problems in the state.

In his objection, Obiano queried the power of the EFCC to question the disbursement of the state’s security votes.

The ex-governor also queried the jurisdiction of the Federal High Court in Abuja to entertain the charge.

He prayed the court to quash the charge, claiming that Anambra State has a pending appeal in which it is also questioning the power of the EFCC to probe the use of its security votes.

Ruling, Justice Inyang Ekwo held that Obiano lacked the right to stop the EFCC from enforcing the Act establishing it as an anti-graft agency.

Read Also; JAMB: 577 blind candidates to write 2024 UTME

The judge held that since security votes flow to the states from the Federation Account, the EFCC has the power to probe its application by any state.

He said the powers of the EFCC ought to be a question of law, and by extension, the 1999 Constitution.

Justice Ekwo held that states’ security votes come from the Federation Account, making the question a constitutional matter.

On Obiano’s argument that no prima facie case had been established against him, going by the evidence the EFCC had presented, the judge said such a conclusion could not be reached at this stage of the case.

“This court has no powers to preempt the case of the prosecution,” the judge said.

Justice Ekwo held that the Federal High Court is a court of summary jurisdiction over criminal proceedings.

The judge averred that a summary jurisdiction excuses the use of proof of evidence prior to the commencement of trial.

On Obiano’s argument that he could not be tried over security votes because an appeal had been filed, the judge held that the decision of the Appeal Court in the case had been determined in EFCC’s favour by the Supreme Court.

Justice Ekwo said: “I find at this point that none of the provisions of the 1999 Constitution (as amended) upon which the applicant relied on in his application, has any bearing on this case.

“I make an order dismissing this application.”

After the ruling, Obiano’s lawyer, Onyechi Ikpeazu (SAN), urged the court to vary the bail granted to the defendant to enable him travel.

The prosecution did not oppose the application, prompting the judge to grant it and adjourn till June 24 for the commencement of trial.

A Federal High Court in Abuja has dismissed the objection raised by former governor of Anambra state, Willie Obiano, against the N4 billion money laundering charge brought against him by the Economic and Financial Crimes Commission (EFCC).

In the nine-count charge, the EFCC alleged among others, that while in office, between March 2014 and March 2022, Obiano indirectly transferred funds from Anambra state government’s security vote account, which he deployed for purposes not related to security problems in the state.

In his objection, Obiano queried the power of the EFCC to question the disbursement of the security vote of Anambra state.

Obiano also queried the jurisdiction of the Federal High Court in Abuja to entertain the charge.

He prayed the court to quash the charge, adding that Anambra State has a pending appeal in which it is also questioning the power of the EFCC to inquire into the use of its security votes.

Ruling on Thursday, April 18, Justice Inyang Ekwo held that Obiano cannot stop the EFCC from enforcing the Act establishing it as an anti-graft agency.

“As long as the EFCC Act has not been declared unconstitutional, this court cannot stop the implementation of the act,” the judge said.

Justice Ekwo held that since security votes flow to the states from the Federation Account, the EFCC has the power to inquire into its application by any state.

He said the powers of the EFCC ought to be a question of law, and by extension, the 1999 Constitution.

Justice Ekwo noted that states’ security votes come from the Federation Account,  making the question a constitutional issue.

On Obiano’s argument that no prima facie case is established against him going by proof of evidence presented by the EFCC, the judge said such a conclusion could not be reached at this stage of the case.

“This court has no powers to preempt the case of the prosecution,” the judge said.

Justice Ekwo held that the Federal High Court is a court of summary jurisdiction concerning criminal proceedings.

The judge added that summary jurisdiction excuses the use of proof of evidence before the commencement of trial.

On Obiano’s argument that he cannot be tried over security votes because an appeal had been filed, the judge held that the decision of the Appeal Court in the case had been determined in EFCC’s favour by the Supreme Court.

Justice Ekwo said: “I find at this point that none of the provisions of the 1999 Constitution (as amended) upon which the applicant relied on his application, has any bearing on this case.

“I make an order dismissing this application.”

After the ruling, Obiano’s lawyer, Onyechi Ikpeazu (SAN) urged the court to vary the bail granted to the defendant to enable him to travel.

The application was not opposed by the prosecution, following which the judge granted it and adjourned till June 24 for the commencement of trial.

In his objection, Obiano had argued that “the subject matter of the charge borders 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 honourable court lacks the requisite jurisdiction to entertain issues on accountability for security vote funds

“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 cannot be made answerable for any purported unlawful actions of officials of Anambra State government as there is no vicarious liability in our criminal jurisprudence.

“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

Read Also: Alleged N4b fraud: How Obiano laundered Anambra Security votes, by EFCC

“The thinking and conclusion of the prosecution on the counts arose from speculation and suspicions

“The preferment of the entire charge is in bad faith. This honourable court has inherent judicial power to grant all the reliefs sought above,” Obiano said.

He prayed  the court to issue an order quashing the charge “for it amounts to flagrant abuse of judicial process and a mockery of the criminal justice.”

Obiano equally sought “an order quashing the charge for non-disclosure of a prime facie case, being vague and devoid of precision in respect of all the nine-count charge.”

Tony Nezieanya, a former aide to the former governor of Anambra, Willie Obiano, has described his boss’ appearance in a duly constituted court as a positive development, stating that it would bring an end to the public media trial.

Nezieanya made this known in a statement in Awka that the arraignment would equally help Obiano to prove the allegations against his person and governance.

He said it was essential to allow him to clear his name before passing judgment in social media space. 

He quoted statements from Obiano’s legal representative, Onyechi Ikpeazu, SAN, emphasizing that the appropriate legal procedures during an arraignment would facilitate thorough and impartial scrutiny of the accusations levelled against him.

He said: ”Rather than relying solely on the media trial and social media speculations, it is vital to trust in the judiciary system to determine his guilt or innocence.

”Until proven guilty, Chief Willie Obiano should be presumed innocent and given the chance to defend himself against the allegations.

”It is also crucial to recognize and appreciate the achievements and contributions Chief Willie Obiano has made during his time as governor.

“These included the successful completion of the Anambra International Cargo Airport, Umueri, now known as the Professor Chinua Achebe Airport and International Convention Centre ICC

“Such projects had not only become a significant legacy but also a source of revenue, a cash cow, for the state and country.”

Read Also: Alleged N4b fraud: Obiano ‘can’t leave FCT’

He said the facility must be run as he had envisioned it to become a regional hub in sub-Saharan Africa.

He added: “Moreover, the airport’s location has brought about peace and unity among communities that were previously at odds with each other.

“Chief Willie Obiano’s efforts in the agricultural sector have also led to a significant increase in rice production and the growth of the Agricultural value chain, ensuring the state’s food security.

“His people-friendly policies and the ‘akulueno’ campaign have attracted support and funding from influential individuals in Anambra, further promoting development and empowerment at the grassroots level.

“Chief Willie Obiano’s arraignment should be seen as an opportunity for him to clear his name and have the allegations properly interrogated.

”Until proven guilty, he should be presumed innocent, and his enormous achievements as governor should not be overshadowed by unverified accusations. ”

He said that Obiano had remained a law-abiding citizen who all along responded to an invitation by the Economic and Financial Crimes Commission (EFCC) including the most recent invitation.