Orji Uzor Kalu, former Governor of Abia State, on Tuesday lost his bid to prevent the Economic and Financial Crimes Commission (EFCC) from raising the counts of charges against him in his 11-year-long N3.2billion fraud trial from 34 to 39.
EFCC is prosecuting Kalu, together with his former Commissioner for Finance, Ude Udeogo, and a company, Slok Nigeria Ltd, said to be owned by him.
In October 2016, EFCC preferred 34 count charges, including a N3.2 billion fraud charge, against Kalu, but he and Udeogo pleaded not guilty to the charges and were granted bail.
EFCC prosecutor Rotimi Jacobs (SAN) subsequently informed the court of a “second further amended charge” to kalu’s charges, but the accused’s defence team, comprising Awa Kalu (SAN), Chief Solo Akuma (SAN) and K. C. Nwofo (SAN), opposed it, arguing that it wasn’t done in accordance with the provisions of the law.
They urged the court to reject the amended charge.
However, at his re-arraignment at a Federal High Court in Lagos on Tuesday, Justice Mohammed Idris 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 could not 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 pleaded not guilty, while the court allowed them to continue with the bails earlier granted to them.
The defence team then informed the court of the “no case submissions” filed on behalf of the accused. They added that they had served same on the prosecution, which in turn, filed a written address in reply.
The defence argued that the prosecution’s address was over 100 pages and so, they would require time to study same and make a response.
Idris then adjourned the case until July 25 to hear addresses on the “no case” submissions.
In the charge, the accused were alleged to have committed the offence between August, 2001 and September, 2006.
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.
The sum is alleged to have formed part of funds illegally derived from the treasury of the Abia State Government,
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.
In counts one to 10, the accused were alleged to have retained about N2.7billion in different accounts, which funds were said to belong to the Abia State Government.
Cumulatively, in all the counts, the accused were alleged to have diverted over N7.1billion from the Abia State Government’s treasury, during Kalu’s tenure as Governor.
The offences contravene the provisions of Sections 14, 15(6), 16, 17 and 21 of the Money Laundering (Prohibition) Act, 2005.
They also contravene the provisions of the Money Laundering Act of 1995 as amended by the amendment Act No. 9 of 2002 and Section 477 of the Criminal Code Act, Laws of the Federation, 1990.