Alleged N3.2 billion fraud: prosecutor’s lateness stalls Orji Kalu’s trial

Alleged N3.2 billion fraud: prosecutor’s lateness stalls Orji Kalu’s trial

Wednesday, December 14, 2016 9:29 am


Kalu

Kalu

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The trial of former executive Governor of Abia State, Dr Orji Uzor Kalu, his former aide,Udeh Udeogu and his company, Slok Nigeria Limited, over an alleged N3.2 billion fraud, before a Federal High Court, in Lagos south west Nigeria on Tuesday suffered a setback following the lateness of the prosecuting counsel in coming to court.

The Economic and Financial Crimes Commission (EFCC) last month re-arraigned Kalu, his former commissioner, Udeh Udeogu, and his company, Slok Nigeria Limited, on an amended 34-count charge, before the court. They all pleaded not guilty to all the count.

At the resumed trial of the Criminal charges on Tuesday, lawyers to Kalu and his former aide and Company, Mr. Awa Kalu and Solomon Akumah, both Senior Advocates of Nigeria (SANs), told the court of their readiness to go on with the trial of the case but expressed dismay at the absence of the EFCC Lawyer, Mr. Adeniyi Adebisi, who they said failed to inform either the court or the defence of his absence.

They contended that since the institution of the case about nine years ago, their clients have been ever read to face the trial.

Consequently, urged the court to strike out the case against their clients, for lack of diligent prosecution.

However, the presiding judge, 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 is put before the court for the prosecutor’s absence stated that the court will 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 apologized for coming late, saying that he was hooked up in 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. orji Uzor Kalu and other accused persons were alleged to have allegedly diverted about N3.2 billions 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).

In counts one to 10, Uzor Kalu was alleged to have between August 13, 2003 and August 10, 2005, while he was the Abia State Governor, procured Slok Nigeria Limited, the company solely belongs to him and his family members, retained in his account domiciled with the Apapa branch of First Inland Bank Plc, the total sum of N2. 502, 600 billion, which formed parts of funds Illegally derived from the treasury of Abia State government, through Manny Bank (now Fidelity Bank Plc), which were converted into several bank drafts before they were paid into the account of Slok Nigeria Limited.

In counts 11 to 20, Slok Nigeria Limited and one Emeka Abone, said to be at large, were also alleged to have between April 29, 2003 and August 10, 2005, retained in their various accounts domiciled with the Apapa branch of First Inland Bank now First City Monument Bank, the total sum of N2.493 billion, on behalf of Orji Kalu, who was then the Executive Governor of Abia State, and that the money formed parts of funds Illegally derived from the treasury of the state government, through Manny Bank now Fidelity Bank Plc.

In count 22 to 33 of the charge, Kalu, Udeh Jones Udeogu, Slok Nigeria Limited and Emeka Abone, who were said to be at large, were alledged to have between August 13, 2003 and August 10, 2005, collaborated and concealed the genuine origin of the total sum of N2.187,400 billion, which formed parts of funds Illegally derived from the treasury of Abia State government, through Manny Bank (now Fidelity Bank), and converted and paid the said sum into the account of Slok Nigeria Limited, with the Apapa branch of First Inland Bank Plc.

While in count 34, Orji Uzor Kalu, Udeh Jones Udeogu, Slok Nigeria Limited and Emeka Abone, who he said to be at large, between May 2002 and December 2005, conspired among themselves to commit offence of money laundering of funds Illegally derived from the treasury of Abia State government.

The alleged offences committed according to the prosecutor, Adeniyi Adebisi, are contrary to sections 17(c) 16, 14(1)(b)17(a) of the Money Laundering (Prohibition) Act 2003, and sections 427 of the same Act.


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