By Onyewuchi Ojinnaka
The trial of former governor of Abia State, now Senator Orji Uzor Kalu before a Federal High Court,Lagos Nigeria over alleged N7.2 billion fraud scheduled for Monday August 26 was stalled due to his lawyer’s absence in court.
Consequently, the trial judge Justice Mohammed Idris adjourned the trial till Tuesday August 27 by 9.00am.
When the case was called on Monday, Mr K. C. Nwofor (SAN), counsel to second defendant told the court that “Kalu’s lawyer, Awa Kalu (SAN) who came into Lagos yesterday with him, suddenly took ill.”
He made an oral application on behalf of Awa Kalu, asking for a very short adjournment to enable the counsel get stronger.
Mr Adeniyi Adebisi who appeared for prosecution did not oppose the application for an adjournment.
Based on the issue raised by second defendant’s counsel, the judge adjourned the case to Tuesday August 27, 2019.
Orji Uzor Kalu, now a serving Senator representing Abia North Senatorial District in the Senate was charged before Idris on an alleged N7.2billion fraud brought against him by the Economic and Financial Crimes Commission (EFCC).
The Commission is prosecuting Kalu, his former Commissioner for Finance, Jones Udeogu, and his company, Slok Nigeria Ltd, on an amended 39 counts charge of fraud related offences.
EFCC had earlier on October 31, 2016, preferred a 34 count charge, bordering on N3.2 billion fraud against the defendant, but later amended the charge to 39 counts.
Justice Idris, had presided over the trial but was subsequently elevated to the court of Appeal.
Despite his elevation, he was issued a fiat to continue with trial of Kalu but the fiat expired in November 2018.
On July 8, 2019, the President of Appeal Court issued a fresh fiat for Justice Idris to return and conclude the trial.
On July 22, 2019, Kalu opened his defense. While in the dock, he was not sworn on oath, but began his evidence.
He was asked by defence counsel Awa Kalu (SAN) to tell the court his name, address and occupation.
In response, the defendant introduced himself as Orji Uzor Kalu, adding that he resides at No. 5 Queen Amina, Asokoro, Abuja.
On what he does for a living he said: “About few weeks ago, I was a Manufacturer of home goods but now a Senator of the Federal Republic of Nigeria.”
According to him, “Home goods like Maggi and Tomatoes.”
He confirmed that he was standing trial on the criminal charge and had pleaded not guilty to same.
He further confirmed that he was standing trial alongside two other co-defendants.
At this point, defence told the court that he was totally handicapped to continue with examination, and sought an adjournment.
The prosecution did not oppose the request for adjournment.The court consequently, adjourned the case until August 26 for continuation of trial by 10a.m., adding that trial will proceed on daily basis until the case ends.
It would be recalled that on July 31, 2018, Justice Idris had dismissed a ‘no-case submissions’ made by the defendants and had ordered them to open their defence.
But Kalu had then sought an adjournment to embark on a medical trip to Germany for an undisclosed ailment.
The defendants later challenged the jurisdiction of the judge to hear the case, arguing that he was no longer a judge of the High Court. They also filed an application seeking a stay of proceedings pending the outcome of their appeals.
Justice Idris dismissed both applications.Following repeated absence of Kalu in court, Justice Idris revoked his bail on November 12, 2018.
The judge had also ordered Kalu to submit himself to the EFCC within 24 hours of his return to the country.
In the charge, the defendants 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 a First Inland bank, now FCMB, the sum of N200 million.The sum is alleged to have formed part of funds illegally derived from the treasury of Abia State Government.
In one of the counts, Kalu’s 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 defendant.
In counts one to 10, the defendants 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 defendants 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.
