This was stated on Thursday by Justice Inyang Ekwo while ruling on Obiano's plea to challenge the Economic and Financial Crimes Commission's (EFCC) prosecutorial powers.
The Federal High Court, Abuja has insisted that former Anambra Governor, Willie Obiano must face trial for the allegation of N4billion fraud against him.
This was stated on Thursday by Justice Inyang Ekwo while ruling on Obiano's plea to challenge the Economic and Financial Crimes Commission's (EFCC) prosecutorial powers.
Ekwo dismissed the application as lacking merit and thus deserved to be dismissed.
He also criticised and rejected the plea on all grounds, noting that the court could not know whether the former governor was involved in the alleged violations unless the trial was handled in accordance with the provisions of the law.
He determined that the issue at hand, the state's security votes, were paid from the federation account, and so the prosecution had a viable case.
“As long as the EFCC Act has not been declared unconstitutional, this court cannot stop the implementation of the act.
“The powers of the EFCC ought to be a question of law and has bearing in the 1999 Constitution.
“State security votes come from the federation account making the development a constitutional issue.
“This court has no powers to preempt the case of the prosecution, ” the judge said.
In addressing the problem of proof of evidence, the judge stated that the Federal High Court has summary jurisdiction in criminal cases.
He concluded that summary jurisdiction excused the use of proof of evidence prior to the start of trial. He also stated that the Supreme Court had ruled in favour of the EFCC in the Anambra government's appeal, which the defendant had referred to.
He, however, claimed that the provisions of the constitution under which the application was filed had no influence on the issue.
He continued: “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.”
Following the ruling, counsel to Obiano, Mr Onyechi Ikpeazu, SAN, moved an application requesting the release of his client’s international passport to enable him travel abroad for medical treatment.
“This is based on the health condition and medical appointments of the defendant.
“His treatments usually last sixty days . He will comply with the conditions set by my lord," Ikpeazu said.
Counsel to the EFCC, Mr Sylvanus Tahir, SAN, said that the prosecution was not opposing the application even though expressed reservations about the 60 days required for treatment.
“We are not opposed to the application but we have issues with the 60 days because the trial has been truncated already.”