Orji Uzor Kalu opens defence in trial of alleged N7.6 billion fraud

A Federal High Court, Lagos has dismissed a motion by a representative of Abia North Senatorial District, Orji Uzor Kalu for an adjournment to enable him to appear at an election petition tribunal.

Kalu, a former Abia State Governor, former Commissioner of Finance under his government, Ude Udeogo and Slok Nigeria Limited are answering charges bothering on money laundering and embezzlement brought against them by the Economic and Financial Crimes Commission (EFCC).

He was scheduled to open his defence yesterday, but when the trial commenced, he asked the court for an adjournment, which was opposed by the prosecuting counsel, Rotimi Jacobs (SAN).

Trial judge, Mohammed Idris, ruled in support of the prosecution and asked Kalu to open his defence, as the court had scheduled the case for hearing.

His counsel, Awa Kalu (SAN), repeated his motion for adjournment to enable his client to properly give evidence in his defence.

Idris granted the motion, but insisted that the trial will continue on a day-to-day basis until it was concluded.

The judge was elevated to the Court of Appeal in June 2018, but was given a fiat to preside on the case until it ends.

The first fiat was granted at the instance of Kalu’s counsel, who cited Section 396 (7) of the Administration of Criminal Justice Act (ACJA), to prevent the case from being transferred to another judge.   However, the fiat expired in November 2018.

A copy of a fresh fiat was issued for the trial to continue from July 22, 2019, until the trial ends and on July 31, 2018, Idris dismissed the ‘no-case submissions’ made by Kalu and the other defendants and ordered them to open their defence.

But rather than open defence, Kalu sought a six-week adjournment to travel to Germany for surgery of an undisclosed ailment.

The defendants later challenged the judge’s jurisdiction to hear the matter, arguing that he was no longer a judge of the high court.

They also filed an application seeking a stay of proceedings pending the outcome of their appeals, but Justice Idris dismissed both arguments and adjourned to August 26, 2019, for the commencement of day-to-day trial.