The Economic and Financial Crimes Commission, EFCC, has appealed an interim order issued ex parte by the Awka Division of the Federal High Court, presided over by Justice Hyeladzira A. Nganjiwa, allowing the former Governor of Anambra State, Chief Willie Obiano, to travel to the United States of America for medical appointments, on the grounds of denial of a fair hearing.
The EFCC is investigating Obiano for suspected corruption and money laundering when he was governor of Anambra State from 2014 to 2022. On March 17, 2022, when he sought to flee the nation, he was apprehended at the Murtala Muhammed Airport in Lagos, only hours after handing over to his successor, Professor Chukwuma Soludo. He had previously been watch-listed by the commission.
Watch How Aguleri Residents Welcomed Obiano From EFCC Detention (Video)
Surprisingly, the former governor used an ex parte order obtained from Justice Nganjiwa of the Federal High Court in Awka, Anambra State, to try to arm-twist the Commission. Obiano filed a motion ex parte dated March 10, 2022 before Justice Nganjiwa on March 11, 2022, ahead of his handover on March 17, 2022, requesting, among other things, an interim injunction to prevent the EFCC from arresting him or preventing him from traveling out of the country for medical treatment.
While the court ordered the applicant to notify the Commission of the reasons why an interim preservatory order should not be issued, it also ordered the Commission not to hinder, impede, or prohibit the applicant from keeping his medical appointment and adjourned the case to March 23.
An originating move on notice for the enforcement of the applicant’s basic rights was served on the Commission on March 31. Surprisingly, the motion was submitted on the same day as the request for ex parte order, on March 11, 2022.
Wille Obiano’s Passport Seized By EFCC After Release From Detention
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.
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.
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