Court okays witness evidence against Kalu over N3.2bn fraud – TheNigerialawyer

A Federal High Court in Lagos on Thursday ruled that a
prosecution witness was competent to give evidence in the ongoing
trial of a former Governor of Abia , Orji Uzor Kalu, charged with
N3.2 billion fraud.

In a short ruling on Thursday, Idris held that the witness was
competent to give evidence although he was not listed in the proof
of evidence.

“I have no doubt that the witness is competent to give evidence
in the trial.”

Idris, however, pointed out that the witness was not properly
brought before the court, and urged the prosecution to comply with
the provisions of Section 379(1) of the Administration of Criminal
Justice Act.

The judge, therefore, directed the Economic and Financial Crimes
Commission to supply the Defence with additional proof of
evidence.

The EFCC had on Oct. 31, 2016, preferred a 34-count charge
bordering on N3.2 billion fraud against Kalu and his former
Commissioner for Finance, Ude Udeogo as well as Kalu’s company —
Slok Nigeria Ltd.

The accused had pleaded not guilty to the charges and were
admitted to bails.

At the last adjournment on March 8, the prosecution had began
examination of its second witness, Mrs Christiana Ohiri, the
Umuahia Branch Manager of UBA .

The witness had began her testimony and the prosecution and
sought to tender some statements of account through her when a
defence counsel, Mr Mike Ozekhome (SAN) objected to the
admissibility of the document.

He argued that the document could not be tendered in evidence as
same was not duly certified, and urged the court to uphold his
submission.

Justice Mohammed Idris consequently adjourned the case to March
9 for ruling.

The accused were alleged to have committed the offence between
August 2001 and October 2005.

Kalu was also 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.

In one of the counts, his company (Slok Nigeria Ltd) and one
Emeka Abone, who is said to be at large, were also alleged to have
retained in the company’s account the sum of N200 million on behalf
of the first accused.

They accused allegedly used Spring Bank Plc, the defunct
Standard Trust Bank and Finland Bank for the fraud.

On counts one to 10, the accused were alleged to have retained
about N2.5 billion in different accounts which belongs to the Abia
State Government.

Cumulatively, in all the counts, 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 (Prohibition) Act, 2005 and Money
Laundering Act of 1995 as amended by the amendment Act No.9 of
2002.

The offences also violated Section 477 of the Criminal Code,
Laws of the Federation, 1990.

Justice Idris has adjourned continuation of trial to April
10.

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