The Economic and Financial Crimes Commission, EFCC has challenged an interim ex parte order granting former governor of Anambra State, Chief Willie Obiano, leave to travel to the United States of America to attend to his medical appointment.
The order was granted by Awka Division of the Federal High Court presided over by Justice Hyeladzira Nganjiwa, on the grounds of denial of fair hearing.
EFCC spokesman, Wilson Uwujaren in a statement released on Saturday April 9, accused Obiano of attempting to arm-twist the anti-graft commission with the ex parte order.
It read;
“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.’’
The EFCC has petitioned the Chief Judge of the Federal High Court, asking Nganjiwa to 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.
The statement added; ’But when the case was called, Justice Nnamdi Dimg 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”
