A Federal High Court in Lagos on Monday fixed July 17, to rule on a motion, challenging an amended charge against former Abia Governor, Orji Kalu, over N3.2billion fraud.
The Economic and Financial Crimes Commission (EFCC) is prosecuting Kalu together with his former Commissioner for Finance, Ude Udeogo, and a Company, Slok Nigeria Ltd.
EFCC had on Oct. 31, 2016, preferred a 34 count charges, bordering on N3.2 billion fraud against the accused.
They had each pleaded not guilty to the charges, and were granted bails.
On Monday, the accused, through their respective counsel, urged the court presided by Justice Mohammed Idris to refuse a second amended charge filed by the EFCC.
They urged the court to strike out the amended charge, on the grounds that the prosecution failed to formally apply to the court before filing same.
Moving his application, first defence counsel, Mr Awa Kalu (SAN), informed the court of a motion dated June 5 and filed on June 12, challenging the amended charge preferred by the EFCC.
He said that his application was supported by a 16 paragraph-affidavit, and a written address, also dated June 5.
He argued that the prosecution’s counter-affidavit did not resolve the issues raised in his application, and therefore, urged the court to strike out the amended charge.
Another defence counsel, Chief Solo Akuma (SAN), and Mr K. C Nsofo, also opposed the amended charge and urged the court to strike out same.
In his reply, the prosecutor, Mr Rotimi Jacobs (SAN), urged the court to allow his amended charge, and refuse all the applications filed in opposition.
Jacobs told the court that relying on a new authority of the Supreme Court, he is permitted to make an oral application to court, for an amendment of the charge.
He urged the court to dismiss defence’s applications, and allow his amended charge.
After listening to the submissions of counsel, Justice Idris, adjourned until July 17 for ruling.
In the charge, the accused were alleged to have committed the offence between August 2001 and October 2005.
Kalu was alleged to have utilised his company to retain in the account of a First Inland bank, now FCMB, the sum of N200 million.
The sum is alleged to have formed part of funds illegally derived from the coffers of the Abia State Government.
In one of the counts, his company, Slok Nig Ltd, and one Emeka Abone, who is at large, were also alleged to have retained in the company’s account the sum of N200 million, on behalf of the first accused.
In counts one to 10, the accused were alleged to have retained about N2.5 billion in different accounts, which funds were said to belong to the Abia State Government.
Cumulatively, in all the counts, the accused were alleged to have diverted over N3.2 billion from the Abia State government’s treasury, during Kalu’s tenure as governor.
The offence contravenes the provisions of sections 15(6), 16, and 21 of the Money Laundering (Prohibition) Act, 2005.
It also contravenes the provisions of the Money Laundering Act of 1995 as amended by the amendment Act No.9 of 2002 and section 477 of the Criminal Code Act, Laws of the Federation, 1990.
Meanwhile, Justice Idris has now been elevated to the appellate court. (NAN)
