N7.6bn Fraud: Court Threatens Full Force Of Law On Orji Kalu
A Federal High Court in Lagos on Monday threatened to apply the full force of the law on the former governor of Abia State, Dr Orji Uzor Kalu, who is being tried for a N7.6 billion fraud by the Economic and Financial Crimes Commission (EFCC) for failing to appear in court for his trial.
Justice Mohammed Idris piqued by the action of the former Governor said, “No one, no matter how highly placed, can be above the law. Let it be said loud and clear that this court will apply the law with the full force it requires.”
It will be recalled that Justice Idris, who has been elevated to the Court of Appeal and was given till the end of September by the President of the upper court to conclude the trial and had fixed Monday for Kalu to open his defence.
But at the resumed hearing of the case, the former Governor’s lawyer, Gordy Uche (SAN) told the judge that his client is outside the country for a medical procedure.
Uche said, “The medical appointment was slated for the 2nd of August, but he could not book a flight to Germany to meet up with the appointment.
“Unfortunately, the surgeon went on summer vacation and he could only get another appointment today (Monday).”
The lawyer, therefore, urged Justice Idris to further adjourn the case “to enable his client undergo his surgery and have enough time recover because only the living can be tried.
But opposing the application for further adjournment, the EFCC counsel, Rotimi Jacobs (SAN), insisted that the former governor had no justification to be absent from court.
Jacobs informed the judge that after applying for a six-week adjournment on July 31, 2018, Kalu had been going about the country engaging in political activities including going to the Northern part of the country to receive a traditional title.
He pointed out that since the court has till the end of September to conclude the case, he, therefore urged the judge to revoke Kalu’s bail for abandoning his trial.
The lawyer said, “Kalu cannot, on his own, extend the medical permission granted him by this court; after going about obtaining chieftaincy title all over the country and engaging in political activities.
“This (surgical) appointment is contrary to the order of this court and having jumped bail, I apply that his bail be revoked,” Jacobs said.
In his ruling, Justice Idris recalled that on July 31 after he dismissed Kalu’s no case submission application and directed him to open his defence, the former governor begged for a six-week adjournment on the claim that he had a surgery appointment in Germany.
But the judge maintained that he doubted that Kalu had any such surgical appointment as of July 27 when he wrote to the court to seek a six-week adjournment of his trial.
“The letter for the adjournment of the 31st of July 2018 was written on the 27th day of July 2018 and forwarded to this court on the 31st day of July 2018.
“From the email correspondence of 31st July, 2018 sent at 11.29am GMT by one Ifunanya, it appears that the said German surgeon was not even available for an appointment with the 1st defendant, Dr Orji Uzor Kalu, when the letter of 27th July 2018 was written and when the application for an adjournment was made on the 31st day of July 2018.
“It appears from the said email that as at the 31st day of July, an appointment had not yet been made. I agree with the learned counsel for the prosecution that there is indeed no letter from the said German surgeon that the 1st defendant, Dr Orji Uzor Kalu, would require any surgery whatsoever. The entire scenario appears to me ridiculous.
“The conduct of the 1st defendant, Dr Orji Uzor Kalu, in the matter since the ruling of this court on the 31st day of July 2018 wherein the court dismissed his no-case submission is highly irresponsible.
“A litigant who deliberately or carelessly disregards an order of court cannot expect the discretion of the court to be exercised in his favour. Justice, after all is said and done, is for all the parties.
“No one, no matter how highly placed, can be above the law. Let it be said loud and clear that this court will apply the law with the full force it requires,” Justice Idris said in his ruling on Monday.
Earlier when the case was called, Kalu’s lawyer, Mr Gordy Uche (SAN), had lamented that “we seem to have a little problem with the 1st defendant.”
“The learned counsel for the 1st defendant has stated that the 1st defendant, Mr Orji Uzor Kalu, is now in Germany to meet up his appointment; on what date did the 1st defendant travel out of the country?
“I can see emails attached to the letter of 7th September, 2018 from which email address was the email correspondence of the 31st of July 2018 sent, which email addresses were the email correspondences of the 1st and 20th August 2018 sent. These email addresses have been blanked out, why?” The judge queried.
He, however, adjourned the case till September 20 and 21, 2018, stressing that Kalu must make himself available.
Kalu, his co-accused persons, Udeh Jones Udeogu, and his company, Slok Nigeria are facing an amended 39 count charge.
Apart from the N7.1bn, which he was accused of laundering, the ex-governor and the other defendants were also accused of receiving a total of N460m allegedly stolen from the Abia State Government treasury between July and December 2002.
The alleged offences according to the EFCC 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.
They, however, pleaded not guilty to the charge.