By Onyewuchi Ojinnaka
With the filing of ‘no case’ submission by former Abia State governor, Mr. Orji Uzor Kalu, shortly after the prosecution (EFCC) closed its case and filed a second amended charge in his trial, the embattled former Abia State governor on Monday urged a Federal High Court sitting in Lagos, to strike out the said second amended charge filed against him by the Economic and Financial Crimes Commission (EFCC), over alleged N3.2 billion fraud.
Besides Orji Kalu (1st defendant), other defendants in the trial which include Kalu’s company, Slok Nigeria Limited and his former Commissioner for Finance, Udeh Jones Udeogu, also prayed the court to strike out the second amended charge brought against them by the EFCC
Orji Kalu and other defendants are standing trial before Justice Mohammed Idris,(now elevated to Court of Appeal), on charges bordering on alleged fraud to the tune of N3.2 billion from Abia State Government’s treasury between 2001 and 2005.
The defendants were also alleged to have used some banks such as Manny Bank, Spring Bank Plc, the defunct Standard Trust Bank and others to perpetrate the alleged fraud
At the resumed hearing of the case on Monday, the defendants through their team of defence counsel comprising Professor Awa Kalu (SAN), Chief Solo Akume (SAN) and Chief Kingsley Nwofo (SAN), urged the court to strike out the second amended charge because the prosecution failed to formally apply to court before filing same.
While praying that the second amended charge be struck out, Orji Kalu’s counsel, Awa Kalu in his submission, said: “we have a motion against the second amended charge brought by the prosecution. The motion is dated June 5, and filed on June 12, 2018. It has four reliefs, and supported with a 16 paragraph-affidavit, and a written address, also dated June 5.
“We also submitted that the prosecution’s counter-affidavit does not supply the issues raised in our application. We therefore urged the court to struck out the prosecution’s second amended charge”.
In the same vain, Chief Akume (SAN), counsel to Jones, submitted that what he filed in response to the prosecution’s second amended charge was a written address, wherein he vehemently opposed the second amended charge, and urged the court to dismiss the charge in entirety
Akume (SAN) further submitted that it is on record that the prosecution did not formally applied to court before filing the amended charge. He argued that the prosecution did not act according to Section 216(1) of the Administration of Criminal Justice Act (ACJA) 2015, which made it mandatory for a formal application before any amendment can be made.
He described the second amended charge as being incompetent, and therefore should be dismissed.
Also, in his submission, Nwofo, counsel to the Kalu’s company, Slok Nigeria Limited, urged the court to strike out the charge against his client for non compliance with the ACJA.
While urging the court to strike out the charge, Nwofo said he filed motion dated June 5, 2018, supported with a13-paragraph-affidavit, with a written address.
Responding, to the submissions of the defence team, Mr. Rotimi Jacobs (SAN), for the prosecution, urged the court to grant his application, and refuse all the applications filed by the defendants.
While urging the court to grant his application, Jacobs (SAN) argued that going by a new authority of the Supreme court, he is allowed to apply orally to court for an amendment of charge.
According to Jacobs: “the basic thing they are saying is that we cannot apply orally for the amendment of the charge. I urge the court to dismiss their applications, and grant our application”.
Having listened to both parties, the presiding judge, Justice Idris, adjourned the matter till Tuesday, (tomorrow)for ruling.
It would noted that Kalu alongside his former aide, Udeh Udeogu, and his company, Slok Nigeria Limited, are facing trial before the court on an amended 34 count-charge of alleged N3.2 billion fraud.
In an amended charge marked FHC/L/56C/08, brought against them by the EFCC, Dr. Kalu and other defendants were alleged to have allegedly diverted about N3.2 billion from Abia State Government’s treasury between 2001 and 2005.
They were also alleged to have used some banks which include Manny Bank, Spring Bank Plc, the defunct Standard Trust Bank and one other Bank to perpetrate the alleged fraud
In counts one to 10, Uzor Kalu was alleged to have between August 13, 2003 and August 10, 2005, while he was the Abia State Governor, procured Slok Nigeria Limited, the company solely belongs to him and his family members, retained in his account domiciled with the Apapa branch of First Inland Bank Plc, the total sum of N2.502, 600 billion, which formed parts of funds illegally derived from the treasury of Abia State government, through defunct Manny Bank which were converted into several bank drafts before they were paid into the account of Slok Nigeria Limited.
In counts 11 to 20, Slok Nigeria Limited and one Emeka Abone, said to be at large, were also alleged to have between April 29, 2003 and August 10, 2005, retained in their various accounts domiciled with the Apapa branch of First Inland Bank, the total sum of N2.493 billion, on behalf of Orji Kalu, who was then the Executive Governor of Abia State, and that the money formed parts of funds Illegally derived from the treasury of the state government, through Manny Bank.
In count 22 to 33 of the charge, Kalu, Udeh Jones Udeogu, Slok Nigeria Limited and Emeka Abone, who were said to be at large, were alledged to have between August 13, 2003 and August 10, 2005, collaborated and concealed the genuine origin of the total sum of N2.187,400 billion, which formed parts of funds illegally derived from the treasury of Abia State government, through Manny Bank and converted and paid the said sum into the account of Slok Nigeria Limited, with the Apapa branch of First Inland Bank Plc.
While in count 34, Orji Uzor Kalu, Udeh Jones Udeogu, Slok Nigeria Limited and Emeka Abone said to be at large, between May 2002 and December 2005, conspired among themselves to commit offence of money laundering of funds Illegally derived from the treasury of Abia State government.
The alleged offences according to the EFCC are contrary to sections 17(c) 16, 14(1)(b)17(a) of the Money Laundering (Prohibition) Act 2003, and sections 427 of the same Act.