Court Gives Orji Kalu 7 Days To Return From Germany Trip Or Risk Bail Revocation
A Federal High Court in Lagos on Monday gave a former Governor of Abia State, Orji Uzor Kalu seven days ultimatum to return to Nigeria from Germany, where he was said to have gone for a surgical operation, or risk the revocation of his bail.
The trial judge, Justice Mohammed gave the order after he was informed by the counsel to the former governor, Prof Awa Kalu (SAN),that his client was away in Germany for medical treatment.
The lawyer had also told the court that Kalu was advised by his doctors to remain in Germany for some time to recuperate from the surgery.
He also pointed out that the counsel for the Economic and Financial Crimes Commission, Rotimi Jacobs (SAN ), was aware of the development and urged Justice Idris to further adjourn the case until a time the former governor would be able to attend court.
The request was seriously opposed to by Jacobs, who expressed surprised at Kalu’s absence from court, he also denied knowledge of whether or not the ex-governor obtained the court’s permission to travel out of the court.
He maintained that having submitted his passport to the court as part of his bail conditions, Kalu must always apply to the court for the passport whenever he wished to travel.
Jacobs insisted that Kalu’s absence from court was an attempt to frustrate the case and that the court, must interpret the development to mean that he had jumped bail.
The lawyer submitted, “I am not aware when the first defendant wanted to travel. We only got to know that the first defendant travelled abroad for medical treatment through his media aide, one Kunle Oyewunmi .
“Things must be done in accordance with the law. In my own view, what happened is that the first defendant has jumped bail. This is an attempt to further frustrate this trial because no application was made to the court to travel.
“I urge Your Lordship to treat the absence of the first defendant as that he has jumped bail, ”Jacobs stated.
Responding, however, the defence counsel urged Justice Idris to discountenance Jacobs’ argument, submitting that as of when Kalu travelled out of the country, the court had adjourned the case sine die (indefinitely).
In his ruling, Justice Idris acknowledged the fact the matter was adjourned sine die on September 27, 2018 but that Kalu was on November 2 served with a hearing notice that the case had been scheduled for Monday.
The judge also acknowledged that the court received a mail confirming Kalu’s treatment arrangement, but he said the defence counsel failed to attach any medical report to guide the court as his post-surgery treatment.
Justice Idris said in the circumstance, he would, in the interest of justice, adjourn the case for the last time, stressing that Kalu must return from Germany within seven days and appear before the court.
The judge ruled, “I have always stated that every citizen of this country is entitled to and has the right to seek medical treatment abroad. This right is guaranteed by the constitution, the African Charter on Human and Peoples Rights, the International Covenant of Civil and Political Rights and the Universal Declaration of Human Rights. It is an inalienable right.
“However, this right has exceptions; therefore, in exercising this right due regard must be had for the law and due process.
“Apart from the mail confirming the treatment arrangement of the 1st defendant, the defence counsel should have obtained a medical report on the condition of the 1st defendant post-surgery. This would have properly guided the court in the proceedings of today.
“However, in the light of the entirety of this case and in the interest of justice, I am prepared to grant to the 1st defendant a final adjournment in respect of this matter.
“In the light of the provisions of the ACJA, I shall not adjourn for more than seven days from today. It is, therefore, hereby directed that the 1st defendant shall return to the country within seven days from today’s date for the hearing of this matter.”
The matter was adjourned till November 12, 2018 for continuation of trial.
The EFCC is prosecuting Kalu, his Commissioner for Finance, Udeh Jones Udeogu, and his company, Slok Nigeria Limited on an amended 39 count charge.
They were alleged to have used the following banks to perpetrate the alleged fraud, Manny Bank, Spring Bank Plc,( now Heritage Bank), the defunct Standard Trust Bank, now United Bank for Africa Plc (UBA) and Fin Land Bank, now First City Monument Bank (FCMB).
The alleged offences according to the EFCC are contrary to sections 17(c) 16, 14(1)(b)17(a) of the Money Laundering (Prohibition) Act 2003, and sections 427 of the same Act.
The accused persons pleaded not guilty to the charge.
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