N2.9b fraud: EFCC to file further amended charge, proof of evidence against Uzor-Kalu

By Onyewuchi Ojinnaka
Senior Correspondent

The criminal trial of former governor of Abia State Dr Orji Uzor Kalu and two others resumed on Monday March 19 at the Federal High Court Lagos, with the prosecuting  agency, the Economic and Financial Crimes Commission (EFCC) notifying the court of its intention to file a further amended charge and proof of evidence against the ex-governor on the matter.
Orji-Kalu and two others are standing trial before Justice Mohammed Idris over alleged  fraud to the tune of N2.9billion.

When the matter was called for continuation of trial, the prosecutor Mr Rotimi Jacobs (SAN) informed the court of his intention to filed the amended charge and proof of evidence.

However, the defence team objected to the move and argued vigorously against the Commission’s intention.

Apparently not satisfied with the intention of the prosecution, the defence team expressed that the development is a deliberate ploy to prolong the trial of the accused persons.

Uzor-Kalu’s counsel,  Chief Charles Enwelunta, regretted that the prolonged trial is negatively taking its toll on the defendants.
According to the counsel, “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 adjourned 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.”

Also arguing on the issue, Chief Solo Akume (SAN), counsel to the second defendant argued that the case of the prosecution is becoming endless.

“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.” Akume submitted

In the same vain, Mr K.C. Nwofor (SAN), counsel to the 3rd defendant gave alligned to the submissions of his colleagues.

Responding to the submissions of the defence team, counsel to the EFCC, Rotimi Jacobs (SAN), said that there is no evidence to claim that he is delaying the trial of the accused persons.

He particularly submitted that the defendants should blame themselves for any perceived delay in the case, noting that, “The case was filed since 2007 and the defendants were challenging jurisdiction till 2015 before the Supreme Court made a final pronouncement on the issue.

“I cannot be forced to close my case because we need to bring the fact before the court.”

Making his pronouncement on the arguements, Justice Idris held that every issue on the case be handled in accordance with the provisions of the Administration of Criminal Justice Act (ACJA) 2015.

Justice Idris further declared that it is not the duty of the court to give directions to the prosecution on how to handle its case.

Earlier in the proceeding, Jacobs had led in evidence an operative of the Commission, Ovie Tobore Akpoyibo, who testified as the 13th prosecution witness.

While giving evidence, the witness who is serving at the Port Harcourt office of the anti-graft agency explained how efforts to arrest one, Micheal Akpan Udoh, who was a cashier at the Abia State Government House, has been unsuccessful.

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

Meanwhile the matter has been adjourned until Wednesday  March 20 for continuation of trial.