The Economic and Financial Crimes Commission, EFCC, has protested an interim ex parte order by the Awka Division of the Federal High Court presided over by Justice Hyeladzira Nganjiwa which permitted former Governor of Anambra State, Willie Obiano, to travel out of the country.
Nganjiwa had granted the former governor of Anambra State, Willie Obiano, permission to travel to Houston, Texts, United States of America for medicals. Obiano’s Lawyer had said the former Governor is suffering from a near life-threatening ailment.
But the Commission insisted the Judge ought to have recused himself due to a subsisting case involving him that makes him an interested party.
Obiano was arrested by the EFCC on his way out of the country on March 17, at the Murtala Muhammed International Airport, hours after he handed over to his successor, Chukwuma Soludo.
The EFCC accused him of corruption and money laundering during his eight- year tenure as Anambra State Governor from 2014 to 2022.
A statement released by the EFCC Saturday, by their spokesman, Wilson Uwujaren, cited court documents indicating the Judge never followed due process in his ruling that permitted Obiano to travel.
“Available court documents indicate that Obiano had on March 11, 2022, ahead of his handover on March 17 filed a motion ex parte dated March 10, 2022, before Justice Nganjiwa praying among others, for an interim injunction stopping the EFCC from arresting or preventing him from travelling out of the country for his medical treatment.
‘’While the court in one breath ordered the applicant to put the commission on notice on why interim preservatory order should not be granted, it went ahead to make an order that the commission should not obstruct, impede or prevent the applicant from travelling abroad to keep his medical appointment and adjourned till March 23.
‘’On March 31, the commission was served an originating motion on notice for the enforcement of the applicant’s fundamental rights. Curiously, the motion was filed on March 11, 2022, the same date as the motion for ex parte order.
‘’This was followed by another motion on notice on April 4, putting the commission on notice to release Obiano’s passport to enable him to 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 EFCC said it had already petitioned the Chief Judge of the Federal High Court asking Nganjiwa to recuse himself from the fundamental rights action because he is joined in the appeal filed by the Commission 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,’’ the commission said.
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