Kalu SAN to EFCC: Custodial sentence is an aberration

A former Attorney General of Abia State, Dr. Awa Kalu (SAN), has
cautioned the Economic and Financial Crimes Commission (EFCC)
against detaining suspects before conclusion of investigation. He
said that it was an aberration.

The former university lecturer, who stated this in an exclusive
interview with New Telegraph, said it was the contemplation of the
constitution, that a suspect be arraigned in Court immediately
arrest. According to him,”Custodial sentence” could only be awarded
by a court of competent jurisdiction, upon arraignment.

It was his view that seizing of international passports or any
other valid document, was enough to stop those being investigated
from escaping justice. “I personally (as a liberalist) do not
believe that, if a man has embezzled money, he should be put in
custody, ahead of the trial.

I also do not believe, having been involved in the teaching of
criminal law at the university level, that a person should be
arrested ahead of an investigation. “It is total investigation that
should lead to an arrest. And that’s why you find the timeline
within the constitution. You arrest a man, take him to the nearest
court. That is what our constitution says. “And, for that reason, I
am not going to speak in support of EFCC awarding custodial
sentence privately, before a court of law pronounces”, Kalu
said.

He further observed that many suspects, who were being
investigated on criminal allegations, had surrendered themselves,
an indication that they were ready to face trial. His words: “There
are people, who have been incarcerated for three, four years while
awaiting trial, or while undergoing trial. There are many ways of
ensuring that a suspect, who is arrested on allegation of
corruption, shows up to take his trial.

In ninety or eighty per cent, or in successful percentage of the
numbers, you find that people are showing up to stand trial. “We
don’t have a high number of cases, who have fled, or who are
refugees from justice. So, if you take a man’s passport, for
instance, you prevent him from going anywhere outside this country.
If you have seized somebody’s international passport, or any other
valid document of travel, hold it.

A former Attorney General of Abia State, Dr. Awa Kalu (SAN), has
cautioned the Economic and Financial Crimes Commission (EFCC)
against detaining suspects before conclusion of investigation. He
said that it was an aberration.

The former university lecturer, who stated this in an exclusive
interview with New Telegraph, said it was the contemplation of the
constitution, that a suspect be arraigned in Court immediately
arrest. According to him,”Custodial sentence” could only be awarded
by a court of competent jurisdiction, upon arraignment.

It was his view that seizing of international passports or any
other valid document, was enough to stop those being investigated
from escaping justice. “I personally (as a liberalist) do not
believe that, if a man has embezzled money, he should be put in
custody, ahead of the trial.

I also do not believe, having been involved in the teaching of
criminal law at the university level, that a person should be
arrested ahead of an investigation. “It is total investigation that
should lead to an arrest. And that’s why you find the timeline
within the constitution. You arrest a man, take him to the nearest
court. That is what our constitution says. “And, for that reason, I
am not going to speak in support of EFCC awarding custodial
sentence privately, before a court of law pronounces”, Kalu
said.

He further observed that many suspects, who were being
investigated on criminal allegations, had surrendered themselves,
an indication that they were ready to face trial. His words: “There
are people, who have been incarcerated for three, four years while
awaiting trial, or while undergoing trial. There are many ways of
ensuring that a suspect, who is arrested on allegation of
corruption, shows up to take his trial.

In ninety or eighty per cent, or in successful percentage of the
numbers, you find that people are showing up to stand trial. “We
don’t have a high number of cases, who have fled, or who are
refugees from justice. So, if you take a man’s passport, for
instance, you prevent him from going anywhere outside this country.
If you have seized somebody’s international passport, or any other
valid document of travel, hold it.