THE proposed trial of a former governor of Abia State, Mr Orji Uzor Kalu, his former aide, and his company, Slok Nigeria Limited, over alleged N3.2 billion fraud, was on Tuesday stalled due to the lateness of the prosecuting counsel.
Kalu is facing trial before a Federal High Court in Lagos following his re-arraignment by the Economic and Financial Crimes Commission (EFCC).
He was re-arraigned alongside his former aide, Udeh Udeogu, and his company, Slok Nigeria Limited, on an amended 34-count charge, before the court.
They had all pleaded not guilty to all the offences.
At the resumed trial of the criminal charges, lawyers to Kalu and his former aide and company, Mr Awa Kalu and Solomon Akumah, informed the court of their readiness to go on with the trial but expressed dismay at the absence of the EFCC’s lawyer, Mr Adeniyi Adebisi, whom they said failed to inform either the court or the defence of his absence.
They particularly informed the court that since the institution of the case about nine years ago, their clients had been ever ready to face the prosecution.
They consequently urged the court to strike out the case against their clients, for lack of diligent prosecution.
However, the presiding judge, Justice Mohammed Idris, while citing sections 351(1) and 351(2) of Administration of the Criminal Justice (ACJA), which empowered the court to strike out a case if no reasonable excuses are put before the court for the prosecutor’s absence, stated that the court would use its discretion to give the prosecution a last adjournment.
It was in the process of adjourning the matter that the EFCC’s counsel, Adebisi Adeniyi, entered the court and apologised for coming late, saying that he was held up in the traffic.
Upon the agreement of both parties, the matter was adjourned till March 6 to 10, and April 10 to 13, 2017, for trial.
According to the charge, Dr Kalu and other accused persons 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 the following banks to perpetrate the alleged fraud, Manny Bank, now Fidelity Bank Plc, Spring Bank Plc, the defunct Standard Trust Bank and Fin Land Bank, now First City Monument Bank (FCMB).
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