By Onyewuchi Ojinnaka
The former governor of Abia State, Chief Orji Uzor Kalu, standing trial along with his former finance commissioner, Udeh Jones Udeogu, and a company, Slok Nigeria Limited, on fraud charge of N7.2 billion, risks being re-arrested by the Economic and Financial Crimes Commission (EFCC) if on or before January 23, 2019 he (Kalu) fails/refuses to submit himself to the Commission.
This is sequel to the revocation of his bail by Justice Mohammed Idris of a Federal High Court sitting in Lagos on Monday as the former Abia governor failed to appear in court in continuation of his trial.
The anti-graft agency is prosecuting Kalu together with Ude Udeogo, and a Company, Slok Nigeria Limited.
EFCC had on October 31, 2016, levied a 34-count charge bordering on N3.2 billion fraud against the accused but in a second further amended charge filed in July, during which the accused were re-arraigned, the charge was increased to 39 counts with a cumulative sum of N7.2 billion fraud. They had each pleaded not guilty to all the counts and were admitted to bail.
When the matter came up for hearing at the last adjourned date on November 5, Kalu was absent for his trial. The defence counsel had informed the court that he was away for medical treatment in Germany.
Justice Idris who is sitting on a fiat to conclude the trial, had then adjourned the case until Monday November 12 for continuation of trial, but ordered that Kalu should return to the country within seven days from November 5 for continuation of his trial.
The court had said: “In the light of the entirety of this case, and in the interest of justice, I am prepared to grant the first defendant a final adjournment in respect of this matter.”
On Monday November 12, Idris revoked Kalu’s bail, following his failure to appear in court for trial as scheduled.
The judge ordered that upon a return of Kalu from his alleged medical trip, he must submit himself to the EFCC, failing which an order will be made for his arrest.
“I am constrained to revoke the bail granted to the first defendant; the first defendant is however, permitted to continue with his medical treatment abroad, unharrased by law enforcement agencies.
“Upon his return to the country, he must at the point of entry, surrender his international passport and other relevant travelling documents to the EFCC; he shall submit himself to the EFCC within 24 hours of his return, failing which he shall be re-arrested and detained by the EFCC.
“Let me state that there is no doubt that the first defendant is entitled to and has a right to life, he has a right to seek medical treatment within and outside the shores of Nigeria; this right is further guaranteed by the African Charter on Human and People’s Right.
” In enjoying this right, the first defendant has a duty to follow due process of law; in this case, the first defendant acted outside the purview of the law, and he is expected to be dealt with according to the law.
“This court is a court of equity, but he who seeks equity must do equity; I find no reason why I should depart from the law, this Court is an equal dispenser of Justice, ” the court held.
The court adjourned the case until January 23, 2019.
In the charge, the accused were alleged to have committed the offence between August 2001 and October 2005.
Kalu was alleged to have utilised his company to retain in the account of then First Inland bank the sum of N200 million.
The sum is alleged to have formed part of funds illegally derived from the treasury of the Abia State Government.
In one of the counts, his company (Slok Nig Ltd) and one Emeka Abone who is said to be at large, were also alleged to have retained in the company’s account the sum of N200 million, on behalf of the first accused.
In counts one to 10, the accused were alleged to have retained about N2.5 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 N7.2 billion from the Abia State government’s treasury, during Kalu’s tenure as governor.
The offence is said to have contravened the provisions of Sections 15(6), 16, and 21 of the Money Laundering (Prohibition) Act, 2005.
It also contravenes 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.
