The Economic and Financial Crimes Commission, EFCC, on Wednesday, urged the Federal High Court sitting in Abuja to dismiss an application the immediate past Governor of Anambra State, Willie Obiano, filed to quash the nine-count money laundering charge it preferred against him.
In a counter-affidavit it filed before the court, the anti-graft agency maintained that it has gathered sufficient evidence to secure the conviction of the erstwhile governor.
EFCC, in the affidavit that was deposed to by one Habu Fari, said the proof of evidence it adduced before the court established a prima facie case that would warrant the defendant to face his trial.
“Contrary to the depositions contained in paragraphs 5 (v) and (vi) of the defendant’s affidavit, the charge and the proof of evidence disclosed a prima facie case and linked the defendant with the allegations constituted in the charge,” the Commission stated.
Besides, it asked the court to dismiss Obiano’s contention that his trial ought to be stopped since the Anambra state government had categorically stated that its funds were not missing.
Obiano had informed the trial court that the Anambra state government has already taken the matter before the Court of Appeal.
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While countering the claim, the EFCC, in its affidavit, argued that since Anambra state government was not listed as a defendant in Obiano’s case, it lacked the legal right to challenge the proceedings before the trial court.
“That the deposition contained in paragraph 5 (xi) of the affidavit in support of the motion, Anambra state government is not a defendant in the instant proceedings and the defendant is not Anambra state.
“The appeal alluded to, have no bearing or relationship with the instant charge,” EFCC added.
The agency further argued that contrary to Obiano’s claim, the charge against him was not borne out of malice or aimed to witch-hunt him.
“Contrary to the deposition in paragraphs, 5(xii), (xii), (xiv), (xv), (v) (xvii) and (xviii), the instant charge is brought bonafide, initiated through due legal process, devoid of witch-hunting, precise, unassailable and borne out of the process of a serious investigation as a call to duty to fight economic and financial crimes.
“That the counts constituted in the charge all border on money laundering which this honorable court has exclusive jurisdiction to try,” EFCC averred.
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