Former
governor of Abia State, Dr. Orji Kalu, yesterday, welcomed the verdict of the
Supreme Court directing his trial by the Economic and Financial Crimes
Commission (EFCC) for alleged N2.4billion fraud when he ran the affairs of the
state between 1999 and 2007.
The
apex court had dismissed his appeal for lacking in merit.
Kalu,
who in the appeal, had sought to quash the charge of money laundering
brought against him by EFCC, said moment after the Supreme Court’s ruling
yesterday that “this is another opportunity to prove my innocence.
“I
have all the records and facts of the case. I am willing to submit myself for
the rule of law to take its course. That has always been my passion advocacy,
right from the lower courts where the case enamnated,” he said from London.
He
added: “this clarification has become imperative lest oppositional forces
mischievously misinterpret the ruling and mislead the public by injecting their
jaundiced opinions into the routine directive as had always been with similar
cases where the apex court intervened.”
He
assured the EFCC of his “continued support and profound cooperation in
any further investigation into this allegation,’’ and also claimed it “is
part of the price I have to pay for opposing the third-term agenda fiasco of
former President Olusegun Obasanjo.”
A
similar appeal by Kalu’s associate, Udeh Jones Udehogo, was similarly dismissed
yesterday by the Supreme Court for the same reason.
Justice
Suleiman Galadima, who wrote the lead judgments in both appeals, upheld the
concurrent decisions of the Federal High Court, Abuja and Appeal Court, Abuja,
in refusing the appeals.
The
five-man panel of the apex court, in its unanimous judgments, directed the
Chief Judge of the Federal High Court to assign the cases to new judges for
hearing.
On
Kalu’s case, Justice Galadima, whose judgment 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 bellow, 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.
“The
learned Chief Judge of the Federal High Court should assign the case to another
judge for expeditious trial,” Justice Galadima said.
Other
members of the panel: Justice Mahmud Mohammed (the Chief Justice of Nigeria),
Bode Rhodes-Vivour, sylvester Nwgwuta and Datijo Mohammed agreed with the lead
judgments in both appeals.
In
its decision on April 27, 2012, the Court of Appeal, Abuja division, dismissed
the appeal by Kalu against the ruling of the Federal High Court, Abuja,
dismissing his motion seeking to quash the charge against him and his company,
Slok Nigeria Limited.
Justice
Ejembi Eko, who read the judgment on behalf of Justices Kayode Bada and Regina
Nwodo, resolved all issues in the appeal against Kalu and his company and
dismissed the appeal for lacking in merit.
Justice
Eko noted that the proof of evidence attached to the 97 count charge preferred
against the appellants by the EFCC disclosed a prima facie case against the
former governor and others.
Justice
Eko said the facts raised in the proof of evidence established a prima facie
case against the appellants. He further said that as far as there is a link
which prima facie is all about, the appellants had an obligation to stand trial
to defend themselves.
He
further ruled that the ex-parte order of May 31, 2007 by Abia State High Court,
asking the Federal High Court to stay all proceedings against Orji was a
racquet suit aimed at frustrating his arrest and subsequent prosecution.
“That
order was an order at large, personal rather than definite. It was an order
made as an ex-parte and not at the course of trial.” He described the ex-parte
motion as an abuse of court process.
Justice
Eko said the claim of breach of personal freedom raised by Orji was sentimental
in nature, adding that the claim bordered on the realm of conspiracy theory and
is politically motivated. He said right to personal liberty is not absolute.
On
whether EFCC had the competence to charge the appellants, Justice Eko held that
both the EFCC Establishment Act and the Money laundering and Prohibition Act,
(MPLA, 2003, 2004) had given the commission power to prosecute offenders.
“EFCC
derives its competence to prosecute from section 6 and 7 of its Establishing
Act. Equally, the definition of economic crime is quite wide,” he said.
The
appellate court further held that the proof of evidence attached to the
97-count charge preferred against the appellants by the EFCC disclosed a prima
facie case against the former governor and others.
Justice
Eko also denounced the ex-parte order of May 31, 2007 by the Abia State High
Court.
“That
order was an order at large, personal rather than definite. It was an order
made as an ex-parte and not at the course of trial.”
The
EFCC had on July 27, 2007 arraigned Kalu before the High Court in Abuja on
charges of money laundering, official corruption and criminal diversion of
public funds totaling over N5 billion.
On
September 3, 2007 Kalu filed a motion before the court seeking an order to
strike out all EFCC charges against him and to vacate the terms and conditions
of the bail earlier granted by the court. The court dismissed the motion, a
decision Kalu appealed to the Court of Appeal.
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