A Federal High Court, Lagos, has adjourned continuation of trial
until March 6 in the N3.2 billion fraud charge slammed on former
governor of Abia State, Orji Uzor Kalu, by the Economic and
Financial Crimes Commission (EFCC).
The EFCC had on October 31, 2016 preferred a 34-count charge
bordering on N3.2 billion fraud against Mr. Kalu and his former
Commissioner for Finance, Ude Udeogu and Kalu’s company — Slok
Nigeria Ltd.
All the accused had pleaded not guilty to the charges.
At the resumed trial of the case on Monday, the EFCC Prosecutor,
Rotimi Jacobs (SAN), commenced the cross-examination of the second
prosecution witness, an officer in First City Monument Bank.
The witness, Olusegun Adesomoju, swore with the Holy Bible.
Jacobs: What is your occupation?
Witness: I am a compliance officer in FCMB. I received a
subpoena to appear in court and produce the statement of account of
the third defendant (Slok) in his bank.
Mr. Jacob tendered the statement of account and the certificate
of identification from the bank attached to it. The document was
labeled Exhibit N to N50.
Counsel to the first defendant, Awa Kalu (SAN), told the court
that he did not object to the document, but that it was his first
time of seeing it.
Joseph Ochu (SAN), counsel for the second defendant and Mr
Kingsley Nwofo, counsel for the third defendant, both agreed to the
submissions of Kalu.
As Mr. Jacobs continued the examination-in-chief, the witness
identified 95 cheques deposited in the bank account of the third
defendant between August 16, 2001 and August 10, 2005.
Jacobs: Where were you in 2005?
Witness: I was doing my National Youth Service Corps.
Jacobs: So why are you giving evidence for the bank?
Witness: It is part of my duties as a compliance officer.
Jacobs: Which department of the bank has records of customers’
accounts?
Witness: Both the compliance department and the IT
department.
After the conclusion of the examination-in-chief, Mr. Kalu
addressed the court that it was the first time the defence was
seeing the document and they needed a “stand down” to go through
it.
In response, Mr. Jacobs told the court: “We have tendered this
document since 2007, it is not a new document and I object to the
stand down”.
Justice Idris, in his ruling, said “in the interest of justice,
let us come back tomorrow for cross-examination.”
The court adjourned until March 6 for continuation of trial.
Mr. Kalu was alleged to have utilised his company to retain in
the account of a First Inland bank, now FCMB, the sum of N200
million.
The sum is alleged to have formed part of funds illegally
derived from the coffers of the Abia State Government.
Slok Nigeria Ltd and a man, Emeka Abone, who is still at large,
were also alleged to have retained in the company’s account the sum
of N200 million on behalf of the first accused (Kalu).
They allegedly used Manny Bank, (now Fidelity Bank Plc), Spring
Bank Plc, the defunct Standard Trust Bank and Fin Land Bank, now
First City Monument Bank (FCMB).
The accused were alleged to have retained about N2.5 billion in
different accounts which funds were said to belong to the Abia
State Government.
Cumulatively, the accused were alleged to have diverted over
N3.2 billion from the state government’s treasury during Kalu’s
tenure as governor.
The offences contravened the provisions of Sections 15(6), 16,
and 21 of the Money Laundering (Prohibitions) Act, 2005.
The offences also violated the Money Laundering Act of 1995 (as
amended) Act No.9 of 2002 and Section 477 of the Criminal Code,
Laws of the Federation, 1990.
A Federal High Court, Lagos, has adjourned continuation of trial
until March 6 in the N3.2 billion fraud charge slammed on former
governor of Abia State, Orji Uzor Kalu, by the Economic and
Financial Crimes Commission (EFCC).
The EFCC had on October 31, 2016 preferred a 34-count charge
bordering on N3.2 billion fraud against Mr. Kalu and his former
Commissioner for Finance, Ude Udeogu and Kalu’s company — Slok
Nigeria Ltd.
All the accused had pleaded not guilty to the charges.
At the resumed trial of the case on Monday, the EFCC Prosecutor,
Rotimi Jacobs (SAN), commenced the cross-examination of the second
prosecution witness, an officer in First City Monument Bank.
The witness, Olusegun Adesomoju, swore with the Holy Bible.
Jacobs: What is your occupation?
Witness: I am a compliance officer in FCMB. I received a
subpoena to appear in court and produce the statement of account of
the third defendant (Slok) in his bank.
Mr. Jacob tendered the statement of account and the certificate
of identification from the bank attached to it. The document was
labeled Exhibit N to N50.
Counsel to the first defendant, Awa Kalu (SAN), told the court
that he did not object to the document, but that it was his first
time of seeing it.
Joseph Ochu (SAN), counsel for the second defendant and Mr
Kingsley Nwofo, counsel for the third defendant, both agreed to the
submissions of Kalu.
As Mr. Jacobs continued the examination-in-chief, the witness
identified 95 cheques deposited in the bank account of the third
defendant between August 16, 2001 and August 10, 2005.
Jacobs: Where were you in 2005?
Witness: I was doing my National Youth Service Corps.
Jacobs: So why are you giving evidence for the bank?
Witness: It is part of my duties as a compliance officer.
Jacobs: Which department of the bank has records of customers’
accounts?
Witness: Both the compliance department and the IT
department.
After the conclusion of the examination-in-chief, Mr. Kalu
addressed the court that it was the first time the defence was
seeing the document and they needed a “stand down” to go through
it.
In response, Mr. Jacobs told the court: “We have tendered this
document since 2007, it is not a new document and I object to the
stand down”.
Justice Idris, in his ruling, said “in the interest of justice,
let us come back tomorrow for cross-examination.”
The court adjourned until March 6 for continuation of trial.
Mr. Kalu was alleged to have utilised his company to retain in
the account of a First Inland bank, now FCMB, the sum of N200
million.
The sum is alleged to have formed part of funds illegally
derived from the coffers of the Abia State Government.
Slok Nigeria Ltd and a man, Emeka Abone, who is still at large,
were also alleged to have retained in the company’s account the sum
of N200 million on behalf of the first accused (Kalu).
They allegedly used Manny Bank, (now Fidelity Bank Plc), Spring
Bank Plc, the defunct Standard Trust Bank and Fin Land Bank, now
First City Monument Bank (FCMB).
The accused were alleged to have retained about N2.5 billion in
different accounts which funds were said to belong to the Abia
State Government.
Cumulatively, the accused were alleged to have diverted over
N3.2 billion from the state government’s treasury during Kalu’s
tenure as governor.
The offences contravened the provisions of Sections 15(6), 16,
and 21 of the Money Laundering (Prohibitions) Act, 2005.
The offences also violated the Money Laundering Act of 1995 (as
amended) Act No.9 of 2002 and Section 477 of the Criminal Code,
Laws of the Federation, 1990.
Read more https://nairalaw.com/n3-2-billion-fraud-court-adjourns-suit-against-orji-uzor-kalu-to-march-6/