EFCC Re-arraigned Orji Kalu, Others In Lagos For Alleged N3.2bn Fraud

EFCC Re-arraigned Orji Kalu, Others In Lagos For Alleged N3.2bn Fraud

For the fourth time in nine years, the Economic and Financial Crimes Commission (EFCC) Thursday re-arraigned the former Abia State Governor, Orji Uzor Kalu and two others in court over alleged N3.2 billion fraud.

But unlike in the past when Kalu, a former Commissioner for Finance in the state, Udeh Jones Udeogu and Slok Nigeria Limite were docked in Abuja, they were on Monday arraigned before Justice Mohammed Idris of the Federal High Court in Lagos over a 34 count charge of conspiracy, Fraud and money laundering.

The defendants, who were was first arraigned before Justice Murtala Nyako in 2007 were later docked before Justice Adamu Bello after Justice Nyako was transferred out of the Abuja division of the court.

Also on September 27, 2016 the EFCC arraigned the defendants before Justice Anwuri Chikere of the Federal High Court, Abuja, on the same charge. The judge after the arraignment had then fixed December 6th, 7th and 8th as trial dates.

In the charge, the former governor and others were accused of diverting about N3.2 billion from the Abia government's treasury between 2001-2005.

In the further amended charge marked FHC/ABJ/CR/56/07, the EFCC alleged that Kalu and  accused persons had between August 7, 2001, and December 2005, while Kalu was the Governor of Abia State, used the said money to procure Slok Nigeria Limited, a company EFCC claimed to be solely belong to Kalu and his family.

The accused persons and one Emeka Abone, said to be at large, were also alleged to have between May 2002 and December 2005, conspired among themselves to launder fund illegally derived from the Treasury of Abia State government.

They were also alleged to have aggregated several millions of naira amounting to N3.2 billion, property of Abia State government, knowing that the said amount formed parts of funds stolen from the Treasury of Abia State government.

The accused persons were alleged to have use Manny Bank, now Fidelity Bank Plc, Spring Bank Plc, the defunct Standard Trust Bank and Fin Land Bank, now First City Monument Bank (FCMB) to carried out their criminal acts.

In counts one to 10, Uzor Kalu was alleged to have between August 13, 2003 and August 10, 2005, while he was the Abia State Governor, procured Slok Nigeria Limited, the company solely belongs to him and his family members, retained in his account domiciled with the Apapa branch of  First Inland Bank Plc, the total sum of N2. 502, 600 billion, which formed parts of funds  Illegally derived from the treasury of Abia State government, through Manny Bank (now Fidelity Bank Plc), which were converted into several bank drafts before they were paid into the account of Slok Nigeria Limited.

And in counts 11 to 20, Slok Nigeria Limited and one Emeka Abone, said to be at large, were also alleged to have between April 29, 2003 and August 10, 2005, retained in their accounts domiciled with the Apapa branch of First Inland Bank now First City Monument Bank, the total sum of N2.493 billion, on behalf of Orji Kalu, who was then the Executive Governor of Abia State, and that the money formed parts of funds Illegally derived from the treasury of the state government, through Manny Bank now Fidelity Bank Plc.

In count 22 to 33 of the charge, Kalu, Udeh Jones Udeogu, Slok Nigeria Limited and Emeka Abone, who he said to be at large, were alledged to have between August 13, 2003 and August 10, 2005, collaborated and concealed the genuine origin of the total sum of N2.187,400 billion, which formed parts of funds Illegally derived from the treasury of Abia State government, through Manny Bank (now Fidelity Bank), and converted and paid the said sum into the account of Slok Nigeria Limited, with the Apapa branch of First Inland Bank Plc.

While in count 34, Kalu, Udeh Jones Udeogu, Slok Nigeria Limited and Emeka Abone, who he said to be at large, between May 2002 and December 2005, conspired among themselves to commit offence of money laundering of funds Illegally derived from the treasury of Abia State government.

The alleged offences according to the prosecutor, Adeniyi Adebisi, are contrary to sections 17(c) 16, 14(1)(b)17(a) of the Money Laundering (Prohibition) Act 2003, and sections 427 of the Criminal Code Act Cap. 77, Laws of the Federation, 1990, and punishable under section 16 of the same Act.

The defendants however pleaded not guilty to the charge.

Upon the plea of the accused persons, their lawyers, Chief Mike Ozekhome (SAN) and Solo Akuma (SAN) urged the court to allow their clients to continue with the bail term earlier granted them.

Ozekhome said, "When we learnt that the case has been transferred from Abuja to Lagos, we protested because there was no formal application to that effect from the prosecution.

"The desirability or otherwise of transferring the matter would have been determined through the application.

"However, we were comfortable and our fears were dispelled when we learnt that the case is before my Lord. We believed that justice will be served in the case with my Lordship in charge and so we are not opposed to the re-arraignment of the accused persons".

In his own submissions, Akuma informed the court of a pending application, challenging the transfer of the case from Abuja to Lagos saying the action violated certain provisions of the Administration of Criminal Justice Act (ACJA), 2015.

He said, "Though, we are here in due obedience to the hearing notice served on us, we are in no way waiving our rights in challenging the transfer of the case from Abuja to Lagos".

The prosecutor, Mr. Adeniyi, did not opposed the submission of lawyers to the accused persons, but said his agency is only interested in the prosecution of the defendants.

After listening to the lawyers, Justice Idris, adjourned the matter to December 12 and 13, while also ordering that the defendants continue to enjoy the terms of the earlier bail granted to them in Abuja.