N3.2b Fraud: Court Declares Bank Manager Competent To Testify Against Orji Kalu, Others
A Federal High Court in Lagos yesterday held that a manger with the United Bank for Africa (UBA) Christiana Ohiri is competent to testify in the on going trial of former governor of Abia state, Orji Uzor Kalu.
The trial judge, Justice Mohammed Idris made the order while delivering ruling on an objection raised by Kalu and his co-accused on the competence of the UBA official to give evidence on the various transactions involving the bank and himself.
The judge, however, directed the Economic and Financial Crimes Commission (EFCC) to file all additional Proof-of-Evidence that will include the name of all witnesses and summary of their statement.
Kalu, a former Commissioner for Finance in the state, Udeh Jones Udeogu and Slok Nigeria Limite were arraigned before Justice Mohammed Idris on a 34 count charge of conspiracy, Fraud and money laundering.
They pleaded not guilty to the charge.
After the ruling on Thursday, the prosecutor, Mr. Rotimi Jacobs (SAN), urged the court to allow him to include the names of the witness in the proof of evidence right there in court because the witness came from Abia State, and that it may not be easy for him to bring her back to Lagos.
He said: “I appeal to your Lordship and other counsels to allow me to use my hand to insert the name of the witness in the additional Proof-of-Evidence. She came all the way from Abia State, and some counsels came from Abuja too.
“My ability to bring her back is my fear. There is no way the defence will be prejudiced, because we have been using her statement since 2008, so I plea with the court to allow me insert her name in the list”.
However, Chief Mike Ozekhome (SAN), lawyer to Kalu, urged the court not to grant the prosecutor’s application, saying that such application is aimed to upturn the ruling of the court.
He said: “the prayer is aimed at upturning the ruling of the court. Section 379(1)(a), is not just to list the witness, but summary of their statements, we need to see her statement”.
Chief Ozekhome (SAN), while urging the court not to grant the application, urged the court to adjourned the matter so that the prosecution can put its ‘house in order’.
Also, Chief Akumah (SAN), and Chief K. C. Nwofor, counsel to the second and third accused persons, supported the submission of the Ozekhome.
Both lawyers argued that granting the prosecution’s application will amount to contravening Section 379(1)(a) of ACJA, which made it mandatory and fundamental for the prosecution to file all applications and serve same on defence.
They jointly urged the court to reject the prosecutor’s application.
In responding, the prosecutor, Mr. Jacobs (SAN), said the defence have not been able to tell the court any prejudice they will suffer if his application is granted.
