THE Economic and Financial Crimes Commission (EFCC), on Friday lost out in its bid to compel a former Abia State governor, Dr Orji Uzor Kalu, to enter into the witness box and explain his role in an alleged fraud charge initiated against him and two others at a Federal High Court in Lagos.
Kalu’s lawyer, Chief Awa Kalu (SAN), had, at the resumed hearing of the matter on Friday, indicated the readiness of his client to open his defence from outside the box contrary to the EFCC’s insistence that Kalu would be cross-examined, while giving evidence-in-chief.
This, the Senior Advocate said that the former governor would not be opened to cross-examination by the prosecution in line with the dictates of Section 358 (1) (a) of the Administration of Criminal Justice Act (ACJA) 2015.
ALSO READ: I’m not worried I don’t have NYSC certificate — Shittu
He said his request was predicated on the fundamental principle of criminal law for all defendants anchoring on presumption of innocence.
“Section 358 (1) (a) is not a donation from the court to the first defendant but a statutory provision. A man who can refuse to talk can also refuse to be cross-examined.
“Once a defendant charged with a criminal offence opts to testify from where he is, he is only exercising his rights that flow from the Constitution. The first defendant carries no burden but it is the prosecution that is carrying the burden of proof beyond reasonable doubt,” he said.
Other defence lawyers, Chief Solo Akuma (SAN) and Mr. K. C. Nwofor (SAN) were in support of the position. However, in his opposition, EFCC’s lawyer, Rotimi Jacobs (SAN) said the ACJA does not regulate evidence in court.
He further argued that since the first defendant (Kalu) was represented by a legal practitioner in court, he cannot take advantage of the options available for him in Section 358 of ACJA.
“The examination of the witness must be in accordance with the Evidence Act because it regulates how proceedings should go on in court. If a witness is not cross-examined, his evidence cannot be used in court,” he said.
However, in a Bench ruling, Justice Idris held that the first defendant is absolutely at liberty to chose from any of the options available under Section 358 of ACJA. Justice Idris further disclosed that the options in the Section are available to the first defendant whether or not he has legal representation. After citing the provisions of Section 358 of ACJA, the judge said: “In the circumstances of this case, where a defendant chooses the options under Section 358 (a) of ACJA as the first defendant has done in this case, the first defendant is not given evidence.
“Making a statement is different from giving evidence. A person who gives evidence from the witness box after been sworn-in can also make a statement from wherever he stands. Both options are available to the defendant in any criminal trial. If the first defendant has decided to make a statement only, then he will not be cross-examined. He will only be cross-examined where he chooses to give evidence.”
Scannews!!! IGP, BUHARI AND THE RECKLESS USE OF SECURITY FOR RIGGING By Simeon Nwakaudu I have waited till a few hours to the Governorship election in Osun State to hear if the Inspector General of Police would withdraw the security details of Aregbesola. Nothing of the sort has happened. I have waited for all the security personnel posted to Government House, Osogbo to be withdrawn, but that news is yet to be broadcast. Aregbesola and Osun State Government House have the full compliment of security details. But in Ekiti State, the IGP and the Presidency masterminded the withdrawal of security details from Governor Fayose and denied the Government House, Ado Ekiti, the presence of security details. They gave all manner of irresponsible reasons. Now, the ball is in Osun, an APC STATE and the Transmission Transmitter has lost his capacity to withdraw the security details of Aregbesola. I believe more security details would be at the disposal of the non-performing governor. The ugly politicization of the Police by the failed APC Federal Government is regrettable and shameful. They have made it clear that the Police is Pro-APC. They don’t even disguise their acts of impunity . Election after election, the Police under the control of the Federal Government continues to act below reasonable standards. They continue to shift the goal post in the middle of the match. The Police continue to work for the APC like hired thugs. It is important that we continue to remind IGP Idris and President Muhammadu Buhari that Nigerians are watching as they display their anti-democratic credentials. The Police is now an enemy of the right of the people to choose their leaders. The free hand given to failed outgoing Osun State Governor to use the police anyhow he deems fit is a sad commentary. Two governorship elections and two different operational tactics.