N3.2bn Fraud, Kalu, Others Oppose EFCC’s Amended Charge

The former Governor of Abia State, Chief Orji Uzor Kalu, yesterday, urged a Federal High Court in Lagos to discountenance the second amended charge filed against him by the Economic and Financial Crimes Commission (EFCC) over alleged N3.2 billion fraud.
Also urging the court to dismiss the said second amended charge are Kalu’s company, Slok Nigeria Limited and his former Commissioner for Finance, Udeh Jones Udeogu.

Kalu and other defendants are standing trial before Justice Mohammed Idris, who has being elevated to Court of Appeal, on charges bordering on alleged fraud of N3.2 billions from Abia State Government’s treasury between 2001 and 2005.
They were also alleged to have used the following banks to perpetrate the alleged fraud, Manny Bank, Spring Bank Plc, the defunct Standard Trust Bank and Fin Land Bank, now First City Monument Bank (FCMB).

At the resumed hearing of their matter today, the defendants through their lawyers: Professor Awa Kalu, Chief Solo Akume and Chief Kingsley Nwofo, all Senior Advocates of Nigeria (SANs), told the court to struck out the second amended charge, as the prosecution failed to formally apply to court before filing same.

In urging the court to strike out the second amended charge, Kalu’s lawyer, Kalu said: “We have a motion against the second amended charge brought by the prosecution. The motion is dated June 5, and filed on June 12, 2018. It has four reliefs, and its supported with a 16 paragraph-affidavit, and a written address also dated June 5.

“We also submitted that the prosecution’s counter-affidavit does not supply the issues raised in our application. We therefore urged the court to stuck out the prosecution’s second amended charge.”

In the same vain, Akume lawyer to Jones, told the court that what he filed in response to the prosecution’s second amended charge was a written address wherein he vehemently opposed the second amended charge. And urged the court to dismiss the charge in entity.
Akume told the court that it is on record that the prosecution did not formally applied to court before filing the amended charge, saying that the prosecution did not act according to section 216(1) of the Administration of Criminal Justice Act ACJA (2015), which made it mandatory for a formal application before any amendment can take place.

He described the second amended charge as incompetent and should be dismissed.
Also lawyer to the Kalu’s company, Slok Nigeria Limited, urged the court to strike out the charge against his client for non-conformity the ACJA.
In urging the court to strike out the charge, he said he filed a motion dated June 5, 2018, supported with an affidavit of 13 paragraph, with a written address.

Responding, EFCC lawyer, Mr. Rotimi Jacobs (SAN), urged the court to grant his application, and refuse all the applications filed by the defendants.
He told the court that going by a new authority of the Supreme Court, he was permitted to orally apply to court for an amendment of charge.

He said: “The basic thing they are saying is that we cannot apply orally for the amendment of the charge. I urge the court to dismiss their applications, and grant our application.”

After listening to both parties, the presiding judge, Justice Idris, adjourned the matter till Tuesday, for ruling.
Kalu alongside his former aide, Udeh Udeogu, and his company, Slok Nigeria Limited, are facing trial before the court on an amended 34 count-charge of alleged N3.2 billion fraud.
In the amended charge marked FHC/L/56C/08, Kalu and other defendants were alleged to have allegedly diverted about N3.2 billions from Abia State Government’s treasury between 2001 and 2005.