Star Witness Missing in Kalu’s N2.9b Fraud Trial

Ladipo Sanusi/

The Economic and Financial Crimes Commission today told a Federal High Court in Lagos it could no longer locate the star witness in the ongoing corruption trial of a former Abia State governor. Mr Orji Uzor Kalu.

The EFCC is prosecuting the former governor and two others, Udeh Jones and Slok Nigeria Limited, over an alleged N2.9 billion fraud.

While being examined by the prosecution counsel, Mr Rotimi Jacobs (SAN), an operative of the EFCC, Ovie Tobore Akpoyibo, told the Court all efforts to locate the witness had been futile.

Akpoyibo who testified, as the 13th prosecution witness, said the missing star witness, Michael Akpan Udoh, was a cashier at the Abia State Government House.

Akpoyibo said: “In respect of M. A. Udoh, on January 15, 2018, I was instructed to go to Umuahia to locate his residence and if possible arrest him. When I got to Umuahia, I linked up with the State Attorney-General and he called the Accountant-General who took me to Udoh’s apartment.

“Operatives gained access into the property the next day. At the place, we met Udoh’s wife and daughter and we were told that the man had travelled to Calabar. I later asked for his phone number, but I could not connect with him. I then left my phone number with the wife so that he can call me anytime he is around.”

The witness further revealed that efforts to also serve a court summons on Udoh for him to appear as a witness in the case have also yielded no positive result.

Also during today’s trial, the EFCC filed additional proof-of-evidence and an amended charge in the case.

Lawyers to the accused persons, however, expressed displeasure over the development and accused the prosecution of prolonging the trial.

Kalu’s lawyer, Chief Charles Enwelunta, said the prolonged trial was negatively taking its toll on his client and others.

He said: “The defendants who are presumed innocent until the contrary is proved are already having the feeling that they are being punished. Their businesses have suffered and they cannot plan again for anything because of this case. Even, we as counsels cannot plan our time for anything again because of this suit.

“At the last hearing date, the prosecutor gave us an impression that he will be closing his case today, but I just learnt that an additional proof-of-evidence containing names of seven new witnesses has again been filed by the prosecution. No one has an idea of when the prosecution will close its case in this matter. I urged my lord to intervene in this matter.”

Counsel to the second accused person, Chief Solo Akuma (SAN), also complained that the prosecution’s case is becoming endless.

Akuma said, “My lord, we were just served further additional proof-of-evidence containing names of seven additional list of witnesses by the prosecution. This is after we were told that the prosecution will close its case today.

“From all indications, the prosecution of this case is becoming endless.”

Lawyer to the third accused person, K. C. Nwofor (SAN), aligned himself with the views expressed by his colleagues.

But the prosecution lawyer countered the position of the defence counsels, arguing there was no evidence to show that he was delaying the trial.

He said the defendants should rather blame themselves for any perceived delay in the trial.

“The case was filed since 2007 and the defendants were challenging jurisdiction till 2015 when the Supreme Court made a final pronouncement on the issue. I cannot be forced to close my case because we need to bring the facts before the Court,” Jacobs said.

Justice Mohammed Idris urged all parties to ensure that every issue in the case is handled in accordance with the provisions of the Administration of Criminal Justice Act (ACJA) 2015.

He added that it was not the Court’s duty to give directions to the prosecution on how to handle its case.

Further hearing in the matter continues on Tuesday.

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