N5. 6bn fraud: Supreme Court orders EFCC to prosecute ex-Gov Kalu

The Supreme Court, Friday, ordered the Economic and Financial Crimes Commission, EFCC, to prosecute a former Governor of Abia State, Dr. Orji Uzor Kalu over a 107-count corruption charge.

The charge, brought by the EFCC accuses Orji Kalu of complicity in money laundering and illegal diversion of public funds to the tune of N5.6billion. He allegedly perpetrated the acts while in office as governor of Abia State between 1999 and 2007.

The EFCC had arraigned Orji Kalu before an Abuja High Court inn2007 but the former governor had succesfully stalled his trial through different interluctory injunctions for about eight years.

Orji Kalu had challenged the competence of the charge against him and the jurisdiction of the High Court to hear and determine the case. However the High Court declined to throw out the case him, prompting him to approach the Court of Appeal, Abuja.

Again the Court of Appeal declined his prayers, uoholding the competence of the charge and the jurisdiction of the Federal High Court to sit on the matter.

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The former Abia State, had, through his counsel, Chief Awal Kalu, pleaded with the five-man panel of Justices of the Supreme Court, quash the criminal charge against him. The panel was headed by the Chief Justice of Nigeria, CJN, Justice Mahmud Mohammed.

Kalu argued that the EFCC has not established any link between him and the ingredients of the offence contained in the charge. He further contended that the proof of evidence the anti-graft agency adduced against him did not nail him to the commission of any crime.

However, the Supreme Court, in a unanimous decision, dismissed the appeal, ordering the appellant to go and face his trial before the high court.

In his lead ruling, Justice Suleiman Galadima said the court was satisfied that the former governor has a case to answer pertaining to allegations that were levelled against him by the EFCC.

The Supreme Court further ordered that the case be re-asigned to another judge by the Chief Judge of the Federal High Court, Justice Ibrahim Auta. This, the apex court said is to allow the case to commence afresh. It also ordered for the accelerated hearing of the case.

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