By Onyewuchi Ojinnaka
Convicted former Abia State governor and a Senator of the Federal Republic and member of All Progressive Congress (APC), Orji Uzor Kalu on Monday lost the bid to secure bail pending the appeal against his conviction.
The presiding judge, Justice Mohammed Liman of a Federal High Court sitting in Lagos, Nigeria dismissed his application for lacking in merit.
In his ruling on the bail application which was argued last week, the judge while dismissing the application, held that on the issue of ill health, which is one of the grounds of appeal, the former Governor is not suffering from ailment that is contagious that can pose health hazard to other inmates in the prison, and on close examination of the medical report filed before the court, he has already had a successful surgery of his ailment.
On the issue of lack of adequate representation by the Abia North Senatorial district which the Senator representing them is now incarcerated, the judge said the people of his senatorial district suppose to know the risk they were taking when they choose to elect a man standing trial for corruption case.
Justice Liman further stated that on the issue of prolong trial at the Appeal Court to Supreme Court, the current administration has broken away from the past as trial of corruption cases are given preferential accelerated hearing, consequently the former Governor can take advantage of his case been heard expeditiously.
Meanwhile, Justice Liman has adjourned till 17th January, 2020, for ruling on bail application filed by Jones Udeogu the former Commissioner of Finance in Abia State who was convicted along side Kalu.
The bail application was filed before the court by a Lagos lawyer Barrister Sylvester Elema (SAN) who also argued the bail application on Monday.
Kalu filed an application before the high court urging the court to admit him to bail pending the final determination of his appeal against his conviction over alleged N7.2 billion money laundering.
His counsel , Prince Lateef Fagbemi (SAN), while arguing the bail application drew the court’s attention to the notice of appeal filed by the former Governor to challenge his conviction by the court.
He told the court that the grounds upon which the appeal was filed were substantial and very arguable.
He argued that Section 6 of the Constitution empowers the court to hear the motion, submitting that it is not different from the regular motions for stay of proceedings or injunctions, “For now, this is the only court with jurisdiction to entertain this application. There is no limit to the jurisdiction of a court of record like the Federal High Court to grant an application like this.
“It is not the law that if someone is convicted, he cannot have reprieve. If the court has power to convict, it must also have power to grant a reprieve pending appeal”, Fagbemi said.
In his response the Economic and Financial Crimes Commission ‘s counsel Rotimi Jacobs , while opposing Kalu’s application contended that the court indeed has the power to grant bail after conviction but faulted claims by Kalu’s lawyer as to the need for the court to grant motion because a substantial and arguable appeal has been lodged against the conviction.
According to him, the issue of a substantial appeal is one that can only be decided by the Appeal Court and as such it should not be a basis for the granting of the application .
He further noted that bail generally is a right of an accused as guaranteed by the Constitution based on his presumption of innocence, but not granted to a convict because the presumption of innocence is no longer there”, he said.
Jacobs also faulted the medical reports attached to the motion by Kalu’s lawyer saying they were obtained by him more than a year ago.
It would be recalled that EFCC had on October 31, 2016, preferred a 34 count charge bordering on N3.2 billion fraud against the convicts.
The charges were subsequently amended on July 16, 2018 and the charge increased to 39 counts with the sum increased to N7.2billion.
The convicts had each pleaded not guilty to the charges, and were granted bails. In May 2018, Justice Idris who sat as trial judge in the charge against Kalu, was elevated to the Court of Appeal.
He, had however, conducted trial by a fiat from the Appeal Court President Justice Buchachiwa authorising him to continue and conclude the case
Following accelerated hearing, Idris concluded trial of the convicts in October 2019 and adjourned the case for adoption of addresses.
On October 22, both the prosecution and defence counsel respectively adopted their written submissions before the court.
Justice Idris consequently reserved judgement until December 2 but judgement could not be delivered as the judge was away for an election appeal tribunal. It was adjourned to December 5, and on that date the court delivered judgement, convicting and sentencing the convicts accordingly.
