Former Anambra State Governor, Willie Obiano, was unsuccessful in his attempt to dismiss the N4bn theft charges brought against him by the EFCC on Thursday.
Justice Inyang Ekwo of the Federal High Court in Abuja rejected Obiano’s objection challenging the EFCC’s authority to prosecute him.
However, the court granted Obiano’s request for the release of his passport for a medical trip.
Justice Ekwo scheduled the trial to commence on June 27 and ordered Obiano to return his passport after the medical trip.
Obiano, who was charged on January 24, faces nine counts related to the alleged misappropriation of Anambra State security funds amounting to N4bn.
In his objection filed through his lawyer, Onyechi Ikpeazu (SAN), Obiano argued that the EFCC lacked the legal authority to prosecute him.
He urged the court to dismiss the charges, claiming they amounted to an abuse of legal process.
Obiano maintained his innocence, stating that there was insufficient evidence against him.
In his ruling on Thursday, Justice Ekwo deemed the objection baseless and dismissed it.
Justice Ekwo pointed out that since security votes come from the Federation Account, the Federal High Court had jurisdiction to handle the case.
He emphasized that unless the EFCC Act is declared unconstitutional, the court cannot interfere with its operations.
On the issue of evidence, Justice Ekwo clarified that the Federal High Court operates as a court of summary jurisdiction in criminal cases.
He explained that the requirement for proof of evidence before trial does not apply in this court.
The judge also referenced a previous Supreme Court ruling in favor of the EFCC during the proceedings.
Following the ruling, Obiano’s lawyer requested an adjustment to the bail conditions citing health concerns and medical appointments.
Counsel for the EFCC did not oppose the request but expressed concerns about the extended duration of Obiano’s treatment.
Despite the reservations, the judge approved Obiano’s plea and set trial dates for June 24-27.
The judge concluded: “Requests 2,3, and 4 are granted. The defendant must surrender his passport upon his return.”