Orji Uzor Kalu |
The
Economic and Financial Crimes Commission (EFCC) on Tuesday, re-arraigned the
former Governor of Abia State, Orji Uzor Kalu, at a Federal High Court in Lagos
on an amended 39-count bordering on fraud.
The
former governor, who is now a member of the ruling All Progressives Congress
(APC) is being prosecuted for committing the alleged fraud during his tenure as
governor of Abia State.
Kalu
is being prosecuted by the EFCC along with his former Commissioner for Finance,
Ude Udeogo, and a company, Slok Nigeria Ltd., said to be owned by Kalu.
The
News Agency of Nigeria (NAN) recalls that the EFCC had on Oct. 31, 2016,
preferred 34 count charges, including a N3.2 billion fraud charge.
However
Kalu and Udeogo plead not guilty to the charges and were granted bail.
The
EFCC closed the prosecution in May 2018, after calling a total of 18 witnesses
and tendering a plethora of evidence before the court.
When
the case came up on July 16, the EFCC Prosecutor, Mr Rotimi Jacobs (SAN),
informed the court of a “second further amended charge”, urging the court to
order the accused to take their pleas.
But
Kalu’s defence team, comprising Mr Awa Kalu (SAN), Chief Solo Akuma (SAN) and
Mr K. C. Nwofo (SAN), had all opposed the amended charge on grounds that it was
not done in accordance with the provisions of the law.
They
urged the court to refuse the amended charge.
In
a short ruling on Tuesday, Justice Mohammed Idris (who has now been elevated to
the court of appeal), while interpreting the provisions of Sections 216 and 217
of the Administration of Criminal Justice Act, held that the prosecution could
amend the charge.
According
to the court, an alteration of a charge can be allowed at any time, while the court
accordingly, called upon the accused to plead to the new charge in order to
proceed with trial.
The
court held that it cannot shut out the prosecution from filing a second amended
charge as the defence had not showed that the amendment would be prejudicial to
it.
After
the court’s ruling, the accused were then re-arraigned on the new charges, and
they again, each pleaded not guilty, while the court allowed them to continue
with the earlier bails granted them.
The
defence team then informed the court of their various “no case submissions”
filed on behalf of the accused, adding that they had served same on the
prosecution, which in turn, filed a written address in reply.
The
defence argued that the prosecution’s address was over 100 pages and so, they
would require time to study same and make a response.
Idris
then adjourned the case until July 25 to hear addresses on the “no case’’
submissions.
In
the charge, the accused were alleged to have committed the offence between
August 2001 and September 2006.
Kalu
was alleged to have used his company, Slok Nigeria Ltd., to retain N200 million
in an account in First Inland Bank, now First City Monument Bank.
The
sum is alleged to have formed part of the funds illegally withdrawn from the
treasury of the Abia State Government,
In
one of the counts, Kalu, his company (Slok Nig Ltd), one Emeka Abone and
Michael Akpan, who are said to be at large, were also alleged to have between
2001 and September 2006, conspired to commit an offence.
They
were alleged to have concealed the genuine origin of an aggregate sum of N7.2
billion, which formed part of funds illegally taken from the Abia State
Treasury, and converted same into several bank drafts, which were subsequently,
paid into the account of Slok Nigeria Ltd.
In
counts one to 10, the accused were alleged to have retained about N2.7 billion
in different accounts, which funds were said to belong to the Abia State
Government.
Cumulatively,
in all the counts, the accused were alleged to have diverted over N7.1 billion
from the Abia State Government’s treasury, during Kalu’s tenure as governor.
The
offences contravene the provisions of Sections 14, 15(6), 16, 17 and 21 of the
Money Laundering (Prohibition) Act, 2005.
They
also contravene the provisions of the Money Laundering Act of 1995 as amended
by the Amendment Act No. 9 of 2002 and Section 477 of the Criminal Code Act,
Laws of the Federation, 1990.
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