Orji Kalu to finally open defence in 11-year-old N3.2bn fraud case

AFTER eleven years, a former Governor of Abia State, Dr Orji Uzor Kalu, will finally open his defence in a N3.2 billion fraud case brought against him by the Economic and Financial Crimes Commission.

Nigerian Tribune recalls that Kalu was first arraigned by the anti graft agency in 2007, but the commission had, on October 31, 2016, reammended the charges to a 34-count bordering against Kalu and his former Commissioner for Finance, Ude Udeogo.

EFCC accused Kalu of using his company, Slok Nigeria Limited to retain several sums of money in his account, illegally derived from the coffers of the Abia State Government.

The defendants pleaded not guilty to the charges.

At Thursday’s proceedings before Justice Mohammed Idris of a Federal High Court in Lagos, Kalu’s lawyer, Chief Awa Kalu (SAN) had indicated the readiness of his client to open his defence on Friday.

However, other defendants, Udeh Jones Udeogu and Slok Nigeria Limited, through their lawyers, Chief Solo Akuma (SAN) and Mr. K. C. Nwofor (SAN), urged the court to stay further proceedings in the matter pending the hearing and determination of separate motions they filed at the Lagos and Abuja Divisions of the Court of Appeal.

In his submissions, Udeogu’s lawyer, Chief Solo Akuma (SAN) drew the court’s attention to a motion he filed at the Abuja Division of the Court of Appeal challenging the transfer of the case to the Lagos Division of the Federal High Court.

ALSO READ: Bolaji Abdullahi and the race to Kwara 2019

He said appellants’ briefs had already been filed in the matter which has been entered and marked as; CA/A/870/2017.

He added that he has also lodged an appeal against the dismissal of his client’s no case submission at the Lagos Division of the Court of Appeal.

“Records have also been compiled in the appeal and it has also been transmitted on 13th August. There is also an application for stay of proceedings in the same appeal. Hearing of the appeal has been fixed for October 4”, Akuma said.

While urging the lower court to stay further proceedings in the matter, the lawyer argued that going ahead with its hearing will pre-judge the application at the Appellate Court.

Addressing the court, Slok’s lawyer, Mr K. C. Nwofor (SAN), also sought for a stay of further proceedings in the matter pending the hearing and final determination of the appeal lodged by his client against the dismissal of his no case submission.

Responding, EFCC’s lawyer, Rotimi Jacobs (SAN) expressed his opposition for a stay of proceedings in the matter.

“The points raised by the two defence lawyers were no longer live issues as they have been overtaken by the advent of ACJA. Section 306 of ACJA frowns at any application for stay of proceedings in criminal matters. We urge the court to refuse the application for stay of proceedings as it is no longer permissible under the law,” he said.

In a ruling, Justice Idris declined to stay further proceedings in the matter saying it is in conflict with the law.

“Learned counsels can proceed to the Appellate Court for the hearing of the application for stay and I will be bound by whatever is the outcome”.

The matter was thereafter adjourned till Friday for the defence to open its case.