11 yrs after, EFCC can’t locate crucial witness in N13bn alleged fraud case against ex-Gov Kalu, others

An official of the Economic and Financial Crimes Commission (EFCC) on Monday told a Federal High Court in Lagos that a former cashier to the Abia State Government House, Micheal Akpan Udoh, whose testimony is crucial to the trial of the state’s erstwhile governor, Orji Kanu, is nowhere to be found.

The anti-graft agency in the suit that was first filed 11 years ago is prosecuting the former governor and two others for alleged fraud of about N3 billion before the court.

When proceedings on the matter resumed on Monday, the 13th prosecution witness, Ovie Akpoyibo, an operative of the EFCC, who is serving at the Port Harcourt office of the commission took the witness box.

He told the court that all efforts to arrest Udoh or even serve the court summons on him to appear as a witness in the case have all been futile.

Responding to the claim, counsel to the governor, Mr. Charles Enwelunta, faulted the EFCC and accused the commission of elongating the trial.

He further told the trial judge, Justice Mohammed Idris, that the elongation of the trial is adversely affecting the defendants.

His position was supported by other defence counsel, who urged the court to intervene in the alleged deliberate prolonging of the case by the EFCC.

However, counsel to the anti-graft agency, Mr. Rotimi Jacobs, objected to the submission. Denying that EFCC was deliberately delaying the trial, he said that the defendants should instead be blamed for any perceived delay in the case.

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Jacobs said, “The case was filed since 2007 and the defendants challenged the jurisdiction of the court up until 2015, before the Supreme Court made a final pronouncement on the issue. I cannot be forced to close my case because we need to bring the facts before the court”.

In his ruling, Justice Idris said that it was not the court’s duty to tell anti-graft agency how to carry out its case, assuring parties in the matter that all issues in the case would be taken care of in accordance with the provisions of the Administration of Criminal Justice Act.

He then fixed further hearing on the matter for Tuesday, March 20, 2018.

 

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