Matilda Omonaiye/
Things didn’t work according to plan today for former Abia State governor, Chief Orji Uzor Kalu, as his lawyers failed to convince a Federal High Court in Lagos that he had no case to answer concerning an alleged N7.6billion fraud.
Justice Mohammed Idris dismissed the no-case submission filed by Kalu, in response to the N7.6billion fraud charges pressed against him by the Economic and Financial Crimes Commission (EFCC).
The judge, in his ruling, said Kalu had some explanations to make particularly on certain documents tendered by the EFCC as exhibits in evidence against him.
The same fate befell similar no-case submissions filed by Kalu’s co-defendants.
The ex-governor is facing 39-count charge alongside his company, Slok Nigeria Limited and Ude Udeogu, who served under him as the Director of Finance and Accounts at the Abia State Government House.
The judge disagreed with them in his ruling. He held that they have explanations to make as to the fraud allegations pressed against them.
The judge held that: “The prosecution called 19 witnesses and tendered a number of exhibits which have been thoroughly examined. Going through the evidence of these witnesses, it appears to me that if taken as unchallenged and uncontroverted, some link might be established between the 1st, 2nd and 3rd defendants and some of the alleged offences in the light of Exhibits B1-B18; in the light of Exhibit D34; in the light of Exhibits D51-D68; in the light of Exhibits A58-F93; in the light of Exhibit H; in the light of Exhibit J2; in the light of Exhibit L; in the light of Exhibits N1-N15; in the of Exhibits P33-P34; in the light of Exhibits Q1-Q30; in the light of Exhibits T, H and U.
“I will stop there and I will say no more… I am of the view that the defendants have some explanations to make in the light of the exhibits and the evidence so far led. Again, I will say no more. The no-case submission is dismissed.”
The judge called on the defendants to open their defence, reminding the parties that he had September ending as the deadline to finish the case.
Kalu’s lawyer, Mr Gordy Uche (SAN), however, pleaded with the judge for a six-week adjournment to enable Kalu to go for a surgical operation.
“The first defendant has a medical appointment for surgery and the lead counsel in this matter had actually written a letter he wants us to bring to the attention of Your Lordship with respect to the surgery,” Uche said.
He pleaded with the judge to adjourn the case till September 10, 2018.
But the prosecutor, Mr Rotimi Jacobs (SAN), pleaded that the case is heard in the first week of September, bearing in mind that the judge had to conclude the case by the end of September.
Uche, however, said it was not realistic, explaining that the six-week adjournment was to avoid a situation where the case would come up and Kalu would not be available.
In a short ruling, Justice Idris said he was constrained to grant Uche’s request, thereby adjourning the case till September 10 for the defendants to open their defence.
In one of the charges, the EFCC alleged that Kalu, who was Abia State Governor between 1999 and 2007, “did procure Slok Nigeria Limited – a company solely owned by you and members of your family – to retain in its account, domiciled with the then Inland Bank Plc, Apapa branch, Lagos, an aggregate sum of N7,197,871,208.7 on your behalf.”
The prosecution claimed that the N7.1bn “formed part of the funds illegally derived from the treasury of the Abia State Government and which was converted into several bank drafts before they were paid into the said company’s account.”
The prosecuting counsel, Jacobs, said the ex-governor violated Section 17(c) of the Money Laundering (Prohibition) Act, 2004, and was liable to be punished under Section 16 of the same Act.
Apart from the N7.1bn, which he was accused of laundering, the ex-governor and the other defendants were also accused of receiving a total of N460m allegedly stolen from the Abia State Government treasury between July and December 2002.
The prosecutor said they breached Section 427 of the Criminal Code Act, Cap 77, Laws of the Federation of Nigeria, 1990.
On their part, Udeogu, Slok Nigeria Limited, one Emeka Abone, said to be at large, and another fellow, Michael Udo, also at large, were accused of collaborating with Kalu to conceal the “genuine origin” of allegedly stolen funds.
The EFCC said they are liable to be punished under Section 14(1)(b) of the Money Laundering (Prohibition) Act, 2004.
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