The Economic and Financial Crimes Commission (EFCC) has dragged the former governor of Abia state, Orji Uzor Kalu to a Federal High Court in Lagos on an amended 39-count bordering on fraud on Tuesday, July 17.
The anti-graft agency is prosecuting Kalu together with his former Commissioner for Finance, Ude Udeogo, and a company, Slok Nigeria Ltd., said to be owned by Kalu.
The EFCC had on Oct. 31, 2016, preferred 34 count charges, including a N3.2 billion fraud charge. Kalu and Udeogo had however, pleaded not guilty to the charges and were granted bail.
When the case came up on July 16, the EFCC Prosecutor, Mr. Rotimi Jacobs (SAN), informed court of a “second further amended charge”, urging the court to order the accused to take their pleas.
But Kalu’s defence team, comprising Mr. Awa Kalu (SAN), Chief Solo Akuma (SAN) and Mr. K. C. Nwofo (SAN), had all opposed the amended charge on grounds that it was not done in accordance with the provisions of the law.
They urged the court to refuse the amended charge.
In a short ruling on Tuesday, Justice Mohammed Idris (who has now been elevated to the court of appeal), while interpreting the provisions of Sections 216 and 217 of the Administration of Criminal Justice Act, held that the prosecution could amend the charge.
According to the court, an alteration of a charge can be allowed at any time, while the court accordingly, calls upon the accused to plead to the new charge and proceed with trial.
The court held that it cannot shut out the prosecution from filing a second amended charge as the defence had not showed that the amendment would be prejudicial to it.
After the court’s ruling, the accused were then re-arraigned on the new charges, and they again, each pleaded not guilty, while the court allowed them to continue with the earlier bails granted.
Idris then adjourned the case until July 25 to hear addresses on the “no case’’ submissions.
In the charge, Kalu was alleged to have used his company, Slok Nigeria Ltd., to retain N200 million in an account in First Inland Bank, now First City Monument Bank.
In one of the counts, Kalu, his company (Slok Nig Ltd), one Emeka Abone and Michael Akpan, who are said to be at large, were also alleged to have between 2001 and September 2006, collaborated to commit an offence.
They were alleged to have concealed the genuine origin of an aggregate sum of N7.2 billion, which formed part of funds illegally derived from the Abia State Treasury, and converted same into several bank drafts, which were subsequently, paid into the account of Slok Nigeria Ltd.
Cumulatively, in all the counts, the accused were alleged to have diverted over N7.1 billion from the Abia State Government’s treasury, during Kalu’s tenure as governor.