A Federal High Court in Abuja on Monday fixed May 16 for the re-arraignment of a former governor of Abia State, Mr. Orji Uzor Kalu, his co-accused persons on charges bordering on alleged diversion of N5.6bn belonging to the state.
This followed the judgment of the Supreme Court delivered on March 18, 2016, dismissing the accused persons’ objection to the charges preferred against them and directing them to submit themselves for trial.
The Economic and Financial Crimes Commission had, in 2007, initially preferred 96 counts against the accused persons, which included money laundering against Kalu, his company, Slok Nigeria Limited, and Jones Udeogo.
Kalu and his co-defendants were accused of diverting the state’s funds while he was the governor of Abia State between 1999 and 2007.
The anti-graft agency on February 11, 2008, amended the charges and presented fresh 112 counts against the defendants.
Their objection to the charges were dismissed by the high court, the Court of Appeal and finally by the Supreme Court on March 18.
Kalu and Udeogo, who were represented by different lawyers, were present in court on Monday.
The prosecuting counsel, Mr. Oluwaleke Atolagbe, who passed a copy of the judgment of the Supreme Court, validating the trial to the judge, Justice Anwuri Chikere, during the Monday’s proceedings, said the prosecution needed time to take some steps before the re-arraignment.
“This matter is slated for mention. On March 18, 2016, the Supreme Court dismissed the appeals by the defendant.
“I will urge my lord to adjourn the case to afford the prosecution some time to take some steps. We will need about two weeks. We seek an adjournment for the defendants to take their pleas,” the counsel stated.
Counsel for Kalu, Chief Awa Kalu (SAN), and the lawyer representing Udeogo and Slok Nigeria Ltd., Chief Solomon Akama (SAN), did not oppose the request for adjournment.
The judge then fixed May 16 for the re-arraignment.
A five-man panel of the Supreme Court had, on March 18, dismissed the defendants’ appeals challenging the competence of the charges preferred against them.
In the lead judgment prepared by Justice Suleiman Galadima with respect to the two appeals (by Kalu and Udeogo), the apex court upheld the concurrent decisions of the Federal High Court, Abuja and the Abuja Division of the Court of Appeal, which had both earlier dismissed the accused persons’ objection to their trial.
Justice Galadima, whose judgment with respect to Kalu’s appeal was read by Justice Sylvester Ngwuta, said, “The appellant had approached the Federal High Court, Abuja, to quash the charges made against him by the EFCC.
“The court dismissed the case. He went to the Court of Appeal, Abuja Division. He lost and approached this court.
“Having considered all issues raised and arguments by parties, I come to the conclusion that I cannot, but help in dismissing this appeal for lacking in merit. It is dismissed.
“I affirm the decision of the court below, which rightly affirmed the decision of the Federal High Court, that it was not bound by the ex-parte order of the Abia State High Court as to vitiate the charges preferred against the appellant.” Punch.
