…Loses bid to stop amended charge
By Onyewuchi Ojinnaka
The Economic and Financial Crimes Commission (EFCC) on Tuesday re-arraigned the former Governor of Abia State, Orji Uzor Kalu, former Abia State Commissioner for Finance under Kalu’administration, Udeh Jones Udeogu and Kalu’s company Slok Nigeria Limited before a Federal High Court sitting in Lagos, Nigeria in a further amended 39-counts charge of alleged fraud/money laundering, to the tune of N7.1billion.
The re-arraignment was done consequent upon the refusal of court to uphold their application to strike out the said amended charge.
The defendants had last Monday (yesterday) through their counsel, argued on the application which they filed asking the court to strike out the second amended charge brought against them by the EFCC.
They had argued that the prosecution did not file the application for amended charge in accordance with the provision of the law.
It would be recalled that the anti-graft agency had on October 31, 2016, filed 34-counts charge, bordering on fraud to the tune of N3.2 billion against the defendants.
They had each pleaded not guilty to the charges, and were granted bails on self recognisance.
As the trial commenced, EFCC (prosecution) called a total of 18 witnesses and closed its case in May 2018, after tendering plethora of evidences before the court.
At the resumed hearing of the matter on Monday for defence team to address the court on their ‘no case’ submission, the prosecutor, Mr Rotimi Jacobs (SAN), informed the court of a “second further amended charge”, and urged the court to order the accused to take their pleas.
But, the team of defence counsel comprising Messrs Awa Kalu (SAN),Chief Solo Akuma (SAN) and Mr K. C Nwofo (SAN), had all opposed the said amended charge, on the grounds that it was not filed in accordance with the provisions of the law and therefore urged the court to refuse the amended charge.
In a short ruling on Tuesday on the arguements canvassed on the issue by both parties, Justice Mohammed Idris (who has now elevated to the court of appeal), while interpreting the provisions of Sections 216 and 217 of the Administration of Criminal Justice Act, held that the prosecution could amend the charge at any time of the trial.
According to Justice Idris, “an alteration of a charge can be allowed at any time”.
The judge further held that the court cannot shut out the prosecution from filing a second amended charge, as the defence had not showed that the amendment will be prejudicial to it.
He then asked the accused to
take their plea to the new charge for the trial to proceed
After the court’s ruling, the accused were then re-arraigned on the new amended charge, and again, each of them pleaded not guilty to all the counts, while the court allowed them to continue with the earlier bails granted.
Notwithstanding the re-arraignment, the defence team informed the court of their various “No case submissions” filed on behalf of the three defendants, adding that they had served same on the prosecution, who in turn, filed a written address in reply.
They informed the court that prosecution’s address is over 100 pages, and therefore, they will require time to study same and make a further response on point of law. Consequently, they asked for a short adjournment
Justice Idris then adjourned the matter until July 25 to hear addresses on the ‘No case’ submissions.
In the amended charge, the defendants were alleged to have committed the offence between August 2001 and September 2006.
Orji Uzor Kalu was alleged to have used his company, Slok Nigeria Ltd, to retain in the account of a 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, Orji Uzor Kalu, his company (Slok Nig Ltd), one Emeka Abone, and Micheal Akpan who are said to be at large, were also alleged to have between 2001 and September 2006, collaborated to commit an offence. They were alleged to have concealed the genuine origin of an aggregate sum of N7.1 billion, which formed part of funds illegally derived from the Abia State Treasury, and converted same into several bank drafts, which were subsequently paid into the account of Slok Nigeria Ltd.
In counts one to 10, Uzor Kalu (1st defendant) was alleged to have retained about N2.7 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 N7.1 billion from the Abia State government’s treasury, during Kalu’s tenure as governor.
The offences contravene the provisions of Sections 14, 15(6), 16, 17, and 21 of the Money Laundering (Prohibition) Act, 2005.
They also contravene 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.