The Economic and Financial Crimes Commission (EFCC) has said that it will commence fresh and immediate retrial of the former governor of Abia State, Orji Uzor Kalu for alleged misappropriation of over N7 billion belonging to Abia State government.
The Supreme Court had earlier on Friday voided the judgment of a federal high court which sent the former governor to 12 years in jail and ordered fresh trial of the case.
The EFCC in a state on Friday by the its spokesman, Dele Oyewale, said “the attention of the Economic And Financial Crimes Commission (EFCC), has been drawn to the judgment of the Supreme Court nullifying the trial of a former governor of Abia State, Orji Kalu , his firm, Slok Nigeria Limited and Jones Udeogu, a former Director of Finance and Accounts of Abia State Government and ordering their fresh trial at the lower court.
“The apex court based its verdict on the grounds that Justice Mohammed Idris, who convicted Kalu and others had been elevated to the Court of Appeal before the judgment and returned to the lower court to deliver the judgment which it considered as illegal.”
The EFCC in the statement said further that it considers the judgment of the apex court as quite unfortunate, adding that it is a “technical ambush against the trial of the former governor”.
The commission also noted that it is prepared for a fresh and immediate trial of the case because its evidences against Kalu and others are overwhelming.
“The corruption charges against Kalu still subsist because the Supreme Court did not acquit him of them. The entire prosecutorial machinery of the EFCC would be launched in a fresh trial where justice is bound to be served in due course,” the statement added.
The 7-man panel of the Supreme Court held that the judgement that convicted and sentenced Uzor-Kalu to 12 years imprisonment, was null and void .
In a unanimous decision by the panel of Justices led by Justice Amina Augie, the court held that the federal high court in Lagos acted without jurisdiction when it convicted Kalu, his firm, Slok Nigeria Limited and former Director of Finance in Abia State, Jones Udeogu.
It held that trial Justice Mohammed Idris was no longer a judge of the Federal High court as at the time he sat and delivered the judgement that convicted the defendants for allegedly stealing about N7.1bn from Abia State treasury.
According to the Supreme Court, Justice Idris, who was already elevated to the Court of Appeal before then, lacked the powers to return to sit as a high court judge.
It held that the fiat that was issued to him by the Court of Appeal President pursuant to section 396(7) of the Administration of Criminal Justice Act was unconstitutional.
Consequently, the apex court vacated the judgement that convicted the defendants and ordered a fresh trial of the defendants.
On December 5, 2019, Senator Kalu was sentenced to 12 years imprisonment.
Justice Idris had earlier declared him guilty of the charge in the case that had been on for 12 years.
Kalu was tried alongside his company, Slok Nigeria Limited, and Udeh Udeogu, who was Director of Finance and Accounts at the Abia State Government House during Kalu’s tenure as governor.
In an amended 39 counts charge, they were accused by the Economic and Financial Crimes Commission of conspiring and diverting over N7bn from the coffers of the state.
In one of the counts, the EFCC alleged that Kalu, who was Abia State Governor between 1999 and 2007, “ 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 Inland Bank Plc, Apapa branch, Lagos, an aggregate sum of N7,197,871,208.7 on your behalf.”
The prosecution claimed that the N7.1bn “formed part of the funds illegally derived from the treasury of the Abia State Government and which was converted into several bank drafts before they were paid into the said company’s account.”
The prosecuting counsel, Rotimi Jacobs, said the ex-governor violated 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 N7.1bn, 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 prosecutor said they breached Section 427 of the Criminal Code Act, Cap 77, Laws of the Federation of Nigeria, 1990.
The defendants had pleaded not guilty to all counts.
During the trial, the prosecution called 19 witnesses while the defendants testified on behalf of themselves.
In his judgement, Justice Idris convicted and 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. All the sentences are to run concurrently meaning he would be in prison for 12 years from the day of conviction.
The second defendant was convicted and 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 will run concurrently meaning he would be in jail for 10 years.
Justice Idris further held that Kalu’s company, Slok Nigeria Limited, the third defendant, be wounded up and all assets forfeited to the federal government.
In a similar vein, the Court of Appeal in Abuja, on March 26, 2020 affirmed the conviction of Kalu and his co-defendants as it dismissed an appeal challenging the jurisdiction of the federal high court, Lagos, which convicted them.
After their conviction, Slok and Udeogu filed an appeal on technical grounds. They claimed that the federal high court in Lagos did not have the power to try them because that was not where the offence was committed.
The Court of Appeal rejected the argument of the appellants.
The three judges who presided held in a judgement delivered by one of them, Olabisi Ige, that the appeal was lacking in merit.
Justice Ige held that section 98(3) and (4) of Administration of Criminal Justice Act(ACJA) 2015, were not applicable to the appellants’ case.
The appellate court held that a petition must relate to an allegation of wrongdoing by the trial judge.
“Nothing is perverted with the decision of the trial court. The complaint of the appellants is a non-issue.
“If a court has jurisdiction/power, the fact of doing so under a wrong law is no reason to set it aside. The rights of the appellants were not infringed,” the judge said.
The appellate court further held that the appellants did not show mala side (bad faith) by the chief judge and EFCC.
The court added that there was no element of forum-shopping in the case.
