By Onyewuchi Ojinnaka
Former governor of Abia state, Dr. Orji Uzor Kalu, has prayed the Federal High Court Lagos presided over by Justice Mohammed Idris to discharge and acquit him of the money laundering charge of N3.2 billion brought against him and two others by the Economic and Financial Crimes Commission (EFCC).
In a motion for no case submission filed before the court at the close of prosecution’s case ,Kalu contend that the prosecution has failed woefully to establish a prima facie case against him, and therefore there are no basis for him to be called upon to open his defence in the case.
In the motion, Orji Kalu’s counsel Chief Awa Kalu (SAN), had averred that the entirety of the evidence of the prosecution witnesses not only woefully bears no relationship with the charge but also failed to establish any linkage or nexus with him.
Contrary to the prosecution’s claims, the Abia former governor maintained that there was no evidence whatsoever or facts leading to any reasonable inference that he in any manner whatsoever ‘procured’ by initiating a proceeding to cause a thing to be done, instigated, contrived, bring about, effect or cause the third defendant (Slok Nig. Ltd) to retain any monies whatsoever in its account from the treasury of Abia State Government.
“The prosecution throughout the length and breadth of its case, never led any evidence of any board resolution of the third defendant company to accept any fund whatsoever from the first defendant (Orji Kalu)
“The prosecution also failed to show any instruction whatsoever from the first defendant to the second defendant (Udeh Jones Udeogu) to receive any fund from the treasury of Abia state and no evidence was led to show any instruction or authorization from the first defendant to the second defendant to pay any funds whatsoever to the account of the third defendant,” Awa Kalu submitted
“The feeble and indeed futile attempt by the prosecution to show that the first defendant remained as the chairman of the third defendant even after assuming office as the Executive Governor of Abia State was clearly and manifestly discredited under cross-examination as the first defendant was shown to have resigned his membership of the third defendant since 1999”. he furthrr agued.
It was further argued that the guilty knowledge or ‘mens rea’ is an essential ingredient that is missing in the charge thus rendering it fundamentally bad.
Besides, it was stated that it is more than a coincidence that almost all the prosecution witnesses had neither known nor met the first defendant before, except of course the EFCC investigators in whose custody he was detained.
It was alleged that documents in possession of the prosecution that are favourable to the first defendant were not produced and tendered by the prosecution. Rather these documents which were frontloaded were suppressed and had to be produced and tendered at the instance and insistence of the defence.
Furthermore, there was no nexus between the cash withdrawals by the second defendant and others and the bank drafts which were purchased by cash.
“There was no direct eye witness account that the same cash that was withdrawn by persons like M. A. Udoh, Okey Ude, I. D. Okoro and R. K. Madu, was exactly the same cash that was utilized in purchasing the bank drafts by cash. Even more fatal for the prosecution is the fact that no draft was drawn on the Abia State Treasury Account or on the Abia State Government House Accounts and even worse is the fact that none of the drafts was made out to be payable to the third defendant.
While urging the court to dismiss the case in its entirety, the first defendant insisted that there was no evidence, direct or circumstantial in support of conspiracy on his part and other defendants.
The other defendants equally filed separate motions for no case submissions, praying that they should be cleared of the alleged fraud charge.
Further hearing in the matter has been adjourned to June 13.
