The 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.

This is the third time the EFCC is amending the charge against the defendants.

Kalu was before now arraigned on a 107-count corruption charge alongside his alleged accomplice, Udeh Jones Udeogu and his firm, Slok Nigeria Limited. 

But the present 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.

The charge against them borders on conspiracy, money laundering and illegal diversion of public funds to the tune of N5.6billion. The fraud was allegedly perpetuated while Kalu held sway as the governor of Abia State between 1999 and 2007.

EFCC had at the last adjourned date, April 11, 2016, secured leave of the court to arraign the defendants on the previously amended 112-count charge.

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.

Akuma 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 pleaded. His adjournment request was supported by Kalu’s lawyer, Chief Awa Kalu, SAN.

Though EFCC lawyer confirmed the pendency of the appeal, he however 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.

“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”, Justice Chikere held. The court subsequently adjourned the matter till June 30 for mention.

Though the former governor was initially docked before the high court on July 27, 2007, however, for the past eight years, the defendants, through various interlocutory applications, frustrated moves by the anti-graft to open its case against them.

They firstly challenged the competence of the charge, as well as the jurisdiction of the High Court to hear and determine the case. Following refusal by the trial court to quash the charge, the defendants took the case before the Court of Appeal in Abuja.

The appellate court, in a unanimous judgment, upheld the competence of the charge, adding that the high court was constitutionally empowered to exercise jurisdiction on the trial. Dissatisfied with the verdict, the defendants approached the Supreme Court, begging it to set-aside the concurrent findings of the two lower courts.

The former governor, through his lawyer Chief Kalu, SAN, pleaded a five-man panel of Justices of the apex court, headed by the Chief Justice of Nigeria, CJN, Justice Mahmud Mohammed, to quash the criminal charge against him.

He contended that the EFCC failed to establish a prima-facie nexus linking him to the ingredients of the offence contained in the charge. It was his contention that the proof of evidence the anti-graft agency adduced against him did not nail him to the commission of any crime.

Nevertheless, the apex court, in a unanimous judgment on March 18, dismissed the appeal, even as it ordered the appellant to go and face his trial before the high court. ‎Trial Justice Binta Murtala Nyako had on July 27, 2007, granted Kalu bail in the sum of N100 million with two sureties in like sum.

The court directed that the two sureties must be tax payers with evidence of regular payment for three consecutive years.

The court equally seized the travelling documents of the defendant, warning that he must always apply for leave to travel out of the country.

Two counts in the new charge EFCC entered against Kalu and the others read:

“That you Orji Uzor Kalu between 13th August, 2003 and 9th October 2003, whilst being the Executive Governor of Abia State within the jurisdiction of this honourable court did procure Slok Nigeria Limited (a company solely owned by you and members of your family) to retain in its account domiciled with the then First Inland Bank Plc Apapa branch, Lagos, the sum of N200, 000, 000.00 (Two Hundred Million Naira) on your behalf which sum formed part of the funds illegally derived from the treasury of Abia State Government through Standard Trust Bank (now United Bank for Africa Plc) and which was converted into four bank drafts before they were subsequently paid into the said company’s account and you thereby committed an offence contrary to section 17(c) of the Money Laundering (Prohibition) Act, 2003 and punishable under section 16 of the same Act.

“That you Orji Uzor Kalu, Udeh Jones Udeogu, Slok Nigeria Limited and Emeka Abone (now at large) between May 2002 and December 2005, within the jurisdiction of this honourable court did conspire among yourselves to commit an offence to wit: laundering of funds illegally derived from the treasury of the Abia State Government and you thereby committed an offence punishable under section 17(a) of the Money laundering (Prohibition) Act, 2004.

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