By Onyewuchi Ojinnaka (Senior Correspondent)
The trial of former Abia State governor, Chief Orji Uzor Kalu charged with alleged fraudulent diversion of N3.2 billion Abia State funds to his private outfits continued Monday (today) before Justice Mohammed Idris of Federal High Court Ikoyi, Lagos, as the prosecuting agency, the Economic and Financial Crimes Commission EFCC) called its sixth witness.
Charged along with Orji Kalu are his ex-Commissioner for Finance Mr Udeogu and Slok Nig. Limited.
The defendants had pleaded not guilty to the charges.
At the resumed trial resumed the prosecutor, Mr Rotimi Jacobs (SAN) called on the sixth prosecution witness, Mr Buraimoh Yakubu, an Internal Control Officer with Guaranty Trust Bank (GTB).
Leading the witness in evidence, Jacobs asked him to introduce himself to the court and the witness said that he had been a Regional Coordinator of the Bank, since 2005.
He also told the court that his schedule of duty includes investigation of fraud and irregularities, listening to customers’ complaints, as well as liasing with agencies.
Narrating what transpired in 2007, the witness told the court that the EFCC wrote a letter to his bank, requesting for account opening documents of the third accused, Slok Nig. Limited, adding that these account opening documents of Slok, were retrieved and sent to the commission as demanded
The witness was asked by Jocobs if he would be able to identify the documents if shown, and the witness replied in the affirmative. The prosecutor then tendered some of the documents including some six GTB cheques totalling N436 million for the witness to identify if they were the same as those sent to the commission. The witness admitted that it is the same.
However, counsel to Slok Nig Limited, Mr Solo Akuma (SAN) objected to the admissibility of the document, on the grounds that it contained some other document not emanating from GT Bank.
He argued that some of the document sought to be tendered, emanated from other banks and therefore , the witness cannot testify on them since he is not its maker. Other defence counsels also aligned themselves with the submissions of the third defence counsel.
However, in a bench ruling, Justice Mohammed Idris overruled the objection of defence counsel, and held that such objection only goes to the weight to be attached to such document.
The documents were accordingly admitted by the court and marked as exhibits.
Under cross examination, counsel to Kalu, Mr Awa Kalu (SAN) asked the witness;
“Can you confirm that you have been working with GT Bank since 2005” and the witness replied, “Yes”
Awa Kalu also asked the witness if he had received any instruction in favour of the first accused since 2005; the witness replied “No”
Still under cross examination by second defence counsel as to his academics, the witness told the court that he finished his Masters degree between 2008 and 2010.
Thereafter, Justice Idris adjourned until January 23 for continuation of trial.
In the charge upon which the defendants are standing trial, they were alleged to have committed the offence between August 2001 and October 2005.
Kalu was alleged to have used his company to retain in the account of a First Inland bank, the sum of N200 million which is alleged to have formed part of funds illegally derived from the coffers of the 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 accused(Kalu).
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 N3.2 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 is also said to have contravened 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.