Orji Uzor Kalu, former Abia State governor and a serving Senator, was on Thursday sentenced to 12 years in prison by a Federal High Court sitting in Lagos in a fraud case of N7.5 billion filed against him by the Economic and Financial Crime Commission (EFCC).
The presiding judge, Justice Mohammed Idris, also ordered the former governor’s company, Slok Nigeria Limited, used in defrauding Abia, forfeited to the Federal Government of Nigeria.
Udeh Udeogu, who was the director of finance in the Government House, Abia State while Kalu served as governor, was also sentenced to 10 years behind bars by Idris, who described money laundering offence as a crime against humanity.
The judgment followed 12 years of protracted legal battle between Kalu and the EFCC. Kalu was tried alongside his company, Slok Nigeria Limited, and Udeogu. In an amended 39 count-charge, they were accused by the EFCC of conspiring and diverting over N7 billion from the coffers of the state.
The EFCC in one of the counts alleged that Kalu “procured Slok Nigeria Limited – a company solely owned by you and members of your family – to retain in its account, domiciled with the then Inland Bank Plc, Apapa branch, Lagos, an aggregate sum of N7,197,871,208.7 on your behalf.”
The prosecution further stated that the N7.1 billion was part of the funds illegally derived from the treasury of the Abia State government and converted into several bank drafts before being paid into the said company’s account.
Rotimi Jacobs, the EFCC’s counsel, told the court that the ex-governor contravened Section 17(c) of the Money Laundering (Prohibition) Act, 2004, and was liable to be punished under Section 16 of the same Act.
Apart from the N7.1 billion, which he was accused of laundering, the former governor and the other defendants also received the sum of N460 million allegedly stolen from Abia State government treasury between July and December 2002, thereby violating Section 427 of the Criminal Code Act, Cap 77, Laws of the Federation of Nigeria, 1990.
During the trial, the prosecution called 19 witnesses while the defendants testified on behalf of themselves.
Idris in judgement sentenced the first defendant, Kalu, to five years imprisonment on counts 1, 2, 3, 4, 6, 7, 8, 9, 10 and 11; three years on counts 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33; 12 years on counts 34, 35, 36, 37 and 38 and five years on count 39. The sentences run concurrently, translating to 12 years imprison for the ex-governor.
The second defendant, Udeh Udeogu, was sentenced to three years imprisonment on counts 24, 25, 27, 28, 30, 31, 32 and 10 years on counts 34, 37, 38 and 39. The sentences are also to run concurrently, translating to 10 years behind bars.
Reacting to the judgement, National Vice chairman (Southwest) of the main opposition, the People’s Democratic Party (PDP), Eddy Olafeso, said the judgment should serve as a deterrent to other politicians, adding that it was also an indication that the nation’s judiciary system was still capable of delivering justice.
“The judiciary is capable and they jailed him; he has been found guilty and sent to jail, and it should send a signal to other politicians that nothing lasts forever. Public office holders should dedicate their time to serve rather than to siphon public wealth.
“So many of the politicians that are defecting from one party to the other are doing that to cover their tracks the law would catch up with them soon,”Olafeso said.
Kalu governed Abia for eight years from 1999 as a member of the PDP, when the party was in power at the federal level. He later decamped from PDP and began to hobnob with other parties until he finally settled with the All Progressives Congress, the current ruling power. He is currently the Senate Chief Whip, having been elected on the platform of the APC.
Also commenting on the judgment, the deputy publicity secretary of the APC in Lagos State, Biodun Salami, said the APC was not a haven for corrupt politicians, stressing that the administration of President Muhammadu Buhari had proved that it would not support corruption.
“No matter whatever anybody must have said, the APC is not a safe haven for fraudulent politicians. The court has given judgment; he can appeal the judgement,” said Salami.
A Senior Advocate of Nigeria (SAN), John Bayelsha, said the judgment should send a signal to corrupt politicians that the Court could not be taken for granted. Bayelsha stressed that the country needed to be tougher against graft in order to make meaningful progress.
“Justice may be slow but it would take its course. I think if this kind of judgment is given often, it would send a signal to these politicians that they should not take the court for granted. Nigeria is the only country where this kind of things happens, corrupt politicians sitting and laughing in the National Assembly and making laws for us. Until you discharge them and take tougher actions against them you cannot move ahead,” Bayelsha said.
Yomi Farounbi, a lawyer and former chairman of Ikeja branch of the Nigerian Bar Association (NBA), said the judgment would serve as a deterrent to other thieving politicians. He urged the government and the judiciary to go after other accused who still roamed freely, saying “This should go round.”
Some residents of Aba, the commercial hub of Abia State, also applauded the judgment.
James Ndukuba, a public servant observed that it would serve as a deterrent to other politicians and public office holders, who think that they can steal public fund and go free.
“If only they can sustain it, politicians will know that immunity does not last forever.
“It is a good development. It also shows that the judiciary is the last hope of the common man, as it has the last say.
“If anybody had told Kalu that this day will come, he would not have believed it,” Ndukuba said.
For Darlington Kalu, an entrepreneur, the judgment on Orji Kalu shows that Nigeria is moving to the next level, where Nigerians will expunge corruption from the system.
Micro, small and medium enterprises will now hope that industrialisation can be achieved, stressing that corruption has been the bane of Nigeria’s industrialisation, he said. He appealed to those he referred to as “clean Nigerians” to come out and join in governance.
Goodluck Ibem, president general, Coalition of South-east Leaders appealed to the court to ensure that stolen funds are recovered and sent back to Abia State treasury for the development of the state.
