Ladipo Sanusi|
Former Abia State governor, Dr. Orji Uzor Kalu, has failed once again to knock out one of the key prosecution witnesses in his ongoing trial over alleged N3.2 billion fraud.
Today, a Federal High Court in Lagos held that the United Bank for Africa (UBA) is competent to testify in the suit filed against Kalu and others.
Justice Mohammed Idris made the order while delivering ruling in an objection that was raised on the competence of a top UBA staff, to give evidence in the trial.
The Court consequently ordered the Economic and Financial Crimes Commission (EFCC) to file all additional Proof-of-Evidence that will include the name of all witnesses and summary of the statement.
Kalu, his company, Slok Nigeria Limited, and his Commissioner of Finance, Mr. Udeh Udeogu, are standing trial before the court on an amended 34-count charge of N3.2billion fraud.
In the ruling, the judge stated, “On the competence of the witness, it is true that her name is not listed, and not indicated that UBA representative will be called to give evidence.
“The rule of practice must bring to forth. It is clear that the witness is not listed. I have no doubt that the witness is competent to give evidence in this trial.
“The witness is not properly before this court. The prosecution should comply with the Provision of Section 379(1) of ACJA, it is directed to supply the defence with additional Proof-of-Evidence.”
After the ruling, the prosecutor, Mr. Rotimi Jacobs (SAN), urged the court to allow him to insert the names of the witness he intend to call in the matter, on the ground that the witness came from Abia State, and that it may not be easy for him to bring her back to Lagos.
He said, “I appeal to court and counsels to allow me to use my hand to insert the name of the witness in the additional Proof-of-Evidence. She came all the way from Abia State, and some counsels came from Abuja too.
“My ability to bring her back is my fear. There is no way the defence will be prejudiced, because we have been using her statement since 2008, so I plead with the court to allow me insert her name in the list.”
Kalu’s lawyer, Chief Mike Ozekhome (SAN), however urged the court not to grant the prosecutor’s application. He said that such application was aimed to upturn the ruling of the Court.
He said, “The prayer is aimed at upturning the ruling of the Court. Section 379(1)(a) is not just to list the witness, but summary of their statements. We need to see her statement.”
Ozekhome, while urging the Court not to grant the application, asked the Court to adjourn the matter so that the prosecution could put its ‘house in order’.
Chief Akumah (SAN), and Chief K. C. Nwofor, counsel to the second and third accused persons equally aligned themselves with Ozekhome’s submission.
Both lawyers said granting the prosecution’s application would amount to contravening Section 379(1)(a) of ACJA, which made it mandatory and fundamental for the prosecution to file all applications and serve same on defence.
They jointly urged the Court to reject the prosecutor’s application.
Responding, Jacobs said that the defence had not been able to tell the Court any prejudice they would suffer if his application was granted.
After listening to the parties, Justice Idris restated that Section 379(1)(a) of ACJA “is mandatory because it was introduced through legislation and is meant to protect the right of the litigant, the defendant and the public”.
He urged the prosecutor to tell the Court how long it would take to serve the defence the additional list of witnesses and summary of the statement. The prosecution promised to serve the defence today, so that the trial will continue on Friday.
The submission was vehemently opposed by the lawyers to the accused on the ground that they would need time to study the witnesses’ statements.
Justice Idris urged the prosecution to file all additional Proof-of-Evidence and serve same on the defence. He adjourned the matter till April 10, 11, 12 and 13 for continuation of trial.
The defence lawyers had yesterday objected to the competence of Mrs. Christian Ohiri, the Umuahia branch manager of UBA, called by the prosecution to give evidence in the trial on the ground that her name was not listed on the Proof-of-Evidence, and that her statement was not attached to the Proof-of-Evidence.
But Jacobs had urged the Court to discountenance the defence’s objections.
Jacobs had informed the court that it was only the banker’s name that was not on the witness’ list, but her statement is on page 471-477 of the Proof-of-Evidence.
Kalu alongside his former aide, Udeh Udeogu, and his company, Slok Nigeria Limited, are facing trial on an amended 34-count charge of alleged N3.2billion fraud.
In the amended charge marked FHC/L/56C/08, Kalu and other accused persons allegedly diverted about N3.2billion from Abia State Government’s treasury between 2001 and 2005.
They were also accused of using Manny Bank, Spring Bank Plc, the defunct Standard Trust Bank and Fin Land Bank, now First City Monument Bank (FCMB) to perpetrate the alleged fraud.
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