EFCC files fresh charge against Ex-Gov Kalu over alleged N5.6billion
Taiwo Owoeye
Nigeria anti-graft agency, Economic and Financial Crimes Commission, EFCC, on Monday, filed an amended 34-count criminal charge against the former Governor of Abia State, Dr. Orji Uzor Kalu.
The charge marked FHC/ABJ/CR/56/07, was entered before the Federal High Court sitting in Abuja on a day trial Justice Anwuli Chikere was to commence hearing on an initial amended 112-count charge the anti-graft agency preferred against Kalu and two others on February 11, 2008.
This will be the third time the anti-graft agency is amending the charge against the defendants.
Kalu had of recent facing a 107-count corruption charge alongside his alleged accomplice, Udeh Jones Udeogu and his firm, Slok Nigeria Limited.
The charge against them borders on conspiracy, money laundering and illegal diversion of public funds to the tune of N5.6billion.
EFCC had alleged that Kalu while held sway as the governor of Abia State between 1999 and 2007 perpetrated fraud.
At last adjourned, April 11, 2016, EFCC secured leave of the court to arraign the defendants on the previously amended 112-count charge and Justice Chikere adjourned to take fresh plea of the defendants after she was furnished with judgment of the Supreme Court, which on March 18, held that the defendants have a criminal case to answer.
At the resumed sitting on Monday, EFCC lawyer, Mr. Oluwaleke Atolagbe, told the court that he had just filed “a further amended charge” against the defendants.
However counsel to the 2nd and 3rd defendants, Chief Solomon Akuma, SAN, notified the court that his client, Slok Nigeria Limited, still have an appeal pending before the Supreme Court.
He explained that what was previously determined by the apex court was two separate appeals marked SC/215/2012 and SC/264/2012, which were lodged by Kalu and Udeogu.
“The third appeal with No. SC/264a/2012, is still subsisting. As at today briefs have been filed and exchanged by all the parties. We have gone further to apply to the Chief Justice of Nigeria and the Director of Litigation at the Supreme Court to give us a hearing date.
“It is our submission that the commencement of hearing on this trial will prejudice the pending appeal. In the circumstance we humbly ask for an adjournment”, he submitted.
His adjournment request was supported by Kalu’s lawyer, Chief Awa Kalu, SAN.
EFCC lawyer confirmed the defendants counsel submission, but, he stressed that issues raised by the 3rd defendant were similar to what was earlier determined by the Supreme Court.
Spirited effort by the prosecution who placed reliance on section 306 of the Administration of Criminal Justice Act, 2015, to persuade the court to proceed with the trial, failed.
The judge held; “There is nothing you will tell me to go on with a case which appeal is subsisting before the Supreme Court. There is evidence to show that there is an appeal. Let us wait and see what the apex court will decide and take it from there”, and subsequently adjourned the matter till June 30 for mention.
