Tag: Orji Uzoh Kalu

  • Alleged N7.1bn Fraud: FG gets nod to appeal stoppage of ex-Gov Kalu’s trial

    Alleged N7.1bn Fraud: FG gets nod to appeal stoppage of ex-Gov Kalu’s trial

    The Court of Appeal sitting in Abuja, on Friday, gave the Federal Government the nod to challenge the judgement that barred the Economic and Financial Crimes Commission, EFCC, from reopening the trial of a former Governor of Abia State, Senator Orji Uzor Kalu.

    The appellate court, in two separate rulings by a three-member panel of Justices, granted an extension of time to enable FG to file processes to set-aside the September 29, 2021, judgement of the Federal High Court in Abuja, which stopped the EFCC from prosecuting the former governor who is currently representing Abia North in the Senate.

    It will be recalled that Kalu, who piloted the affairs of Abia State from 1999 to 2007, was earlier convicted and handed a 12-year jail term by the Lagos Division of the Federal High Court.

    The trial court convicted him alongside his firm, Slok Nigeria Limited and a former Director of Finance in the state, Mr. Jones Udeogu, over an allegation that they pilfered about N7.1billion from the Abia State treasury.

    However, following an appeal that was lodged by Udeogu, the Supreme Court quashed his conviction and remitted the case-file back for retrial.

    A seven-man panel of justices of the apex court noted that trial Justice Mohammed Idris was already elevated to the Court of Appeal as at the time he sat and delivered the judgement that convicted the defendants.

    It held that Justice Idris was no longer a judge of the High Court as at December 5, 2019, the day Kalu and his co-defendants were found guilty of the money laundering charge against them.

    According to the Supreme Court, Justice Idris, having been elevated to the Court of Appeal before then, lacked the powers to return to sit as a High Court Judge.

    Based on the judgement in favour of Udeogu, Kalu, who was already serving his jail term, through his lawyer, Prof. Awa Kalu, SAN, applied to be released from the Kuje correctional center.

    Shortly after the former governor was released from prison, the EFCC moved to re-arraign him and his co-defendants again.

    Dissatisfied with the move, both Kalu and his firm filed separate suits to challenge their retrial.

    Kalu argued that allowing the EFCC to try him afresh on the charge and same facts upon which he was earlier convicted and sentenced, would occasion him to suffer a “double jeopardy”.

    According to him, “The unassailable position of the law is that no person who shows that he has been tried by any court of competent jurisdiction or tribunal for a criminal offence and either convicted or acquitted, shall again be tried for that offence having the same ingredients as that offence, save upon the order or a competent Court.

    “The trial of the Applicant having been pronounced a nullity by the Supreme Court in its judgment dated the 8th day of May, 2020 and without more, cannot entitle the EFCC to institute the same charge against the Applicant.”

    Canvassing reasons why his trial should not commence de-novo (afresh), Kalu, said he was earlier convicted and sentenced with respect to the same 36-count charge the EFCC entered against him.

    “That following the conviction and sentence of the Applicant, the Applicant was incarcerated at the Kuje Correctional Centre where he served part of his term having spent a few days in the Ikoyi Correctional Centre”.

    He noted that the Supreme Court had in the judgement it delivered on May 8, 2020, on Appeal No: SC.62C/2019, which was filed by his co-defendant, Udeogu, held that the trial of the Appellant at the trial Court was conducted without jurisdiction.

    He argued that the apex court thereafter, only ordered the retrial of the Appellant (Udeogu), without reference to himself (Kalu).

    He, therefore, prayed the court for an order of perpetual injunction restraining FG, through the EFCC or its agents, from further trying, harassing and intimidating  him with respect to the charge or any other charge based on the same facts “as the Applicant need not suffer double jeopardy.”

    Meanwhile, in a judgement he delivered on September 29, 2021, Justice Inyang Ekwo of the high court upheld Kalu’s argument and barred the anti-graft agency from re-opening his case.

    Following an appeal that was lodged by FG, the Court of Appeal, on March 6, 2024, halted the move to retry the former governor.

    The appellate court held that the record of appeal FG transmitted before it, was incompetent as it was not neither stamped nor the official designation of the person that signed it, indicated.

    The appellate court held that the flaw in the record that was brought before it, vitiated the competence of the entire appeal.

    Not happy with the decision, FG took the matter before the Supreme Court, where it obtained a favourable ruling on Friday.

    Justice Ishaq Sanni, who read the ruling, dismissed as lacking in merit, objections that were raised against the appeal by ex-governor Kalu and his firm.

    He held that the appellate court merely struck out the case on technical ground, a decision that could not be regarded as a judgement on the merit of the appeal.

    According to the Supreme Court, FG was right to seek leave for an extension of time since the three months allowed for an aggrieved party to file an appeal, had elapsed.

    It, therefore, gave FG 14 days to file its notice of appeal.

  • Untitled post 8210

    ABUJA- CHAIRMAN, Senate Committee on South East Development Commission, SEDC, Senator Orji Kalu, APC, Abia North has taken a swipe at the recent book “A Journey in Service”, authored by former Military President, Gen. Ibrahim Badamosi Babangida, urging President Bola Tinubu to place picture of MKO Abiola among past Presidents.

    Answering questions from Journalists yesterday in Abuja, the former Abia State Governor who noted that the former Military President should call out the names of the Principal Actors that led to the annulment of the election widely adjudged as the freest, fairest, and most credible poll in the history of the country, that Chief Moshood Kashimawo Olawale Abiola, said that since late Chief Moshood Abiola won the election, his picture should be placed among Nigeria’s past presidents.

    On the June 12 Election and Babangida’s Role, Senator Kalu said, “I look forward to the second edition of Babangida’s book because the first did not reveal all the realities. I was present during the events of June 12, and I know what happened. Babangida should call out the names of those responsible for preventing the election declaration. The coup in question was not an Igbo coup; it was a Nigerian coup, executed by the military. Moshood Abiola won that election, and there is no doubt about it.”
    On Recognizing Abiola’s Victory:

    Following the confession of Ibrahim Babangida, Kalu who appealed to President Tinubu to accord the Late Presidential Candidate Moshood Abiola full Presidential honours, urged Tinubu to swear in Abiola as the duly elected President of the June 12 , 1993 Presidential election in Postmortem and including the inclusion of his Presidential portrait among other Past Presidents of the Country.

    According to Kalu through such the Abiola family will be healed and compensated from the electoral tragedy which befell them and the nation.

    He said, “Since Abiola won, his picture should be placed among Nigeria’s past presidents. I commend former President Buhari for giving him a posthumous national honor, but I would also appeal to President Tinubu to officially recognize him and place his image where it belongs. This would help bring closure to his family.”

    Speaking further, Senator Orji has expressed confidence that President Bola Ahmed Tinubu will complete his two terms in office considering the level of successes he recorded in bold economic, social and political policies.

    Giving more reasons why he believed that President Tinubu will win a second term in office in 2027, Kalu pointed out that the ruling Party the All Progressives Congress ( APC ) remains firm in its decision to cede its 2027 Presidential Ticket to Tinubu in line with the zoning arrangement to maintain a North-South power balance.

    Kalu who mentioned the economic reform Policies of the President which he said iis already delivering positive economic results, used the Manufacturing sector as an example Kalu stated that the cost of production had reduced to 18.5 percent from 23 percent which it was last year.

    Orji Kalu said; ” The good news is that we shall win again and President Tinubu will return.

    Related News

    2027 Presidency: Tinubu, APC have no deal with Soludo – Okonkwo
    Denmark to ban smartphones in schools

    “To be honest with you Asiwaju will win, many Presidents in Nigeria who have not done very well—I won’t call any names and they won their second term. We are appealing to Nigerians to support us.

    “We are not going to ruffle ourselves with the APC convention. We have only one Presidential candidate which is Asiwaju Bola Ahmed Tinubu.

    “In line with democratic ethics we are not looking for any other person or candidate but the problem of Nigeria is that you people don’t like to consolidate gains of reforms.

    Asking Nigerians to exercise more patience with the administration, Kalu who noted that the stability in the exchange rate is also another indication that the President’s reforms are yielding positive results, said, “It might be very difficult today, very hard and people are complaining but the reform is trickling down, somebody just told me this morning that the Dollar is 1490, so the reform is working but we should be patient.

    “I am a manufacturer and I can tell you that Manufacturing costs have gone up, last year it was 23 percent but early this year it has gone down to about 18.5 percent. You can confirm from the The Lagos Chamber Of Commerce And Industry (LCCCI) what I am giving you is the real fact.

    “I believe that there is hope in these reforms. It is difficult everywhere in the world but the most important thing is that initially they were done in a hurry now the President is taking time with his economic team and you can see that the President is making wilder consultations.”

    Kalu also thanked Babangida for erasing the false narrative that the Igbo Tribe orchestrated the 1966 coup events that led to the military mutiny that ousted the then civilian administration led by Prime Minister Tafawa Balewa.

    He said, “Because people are thinking that Babangida lied but I am very grateful the coup they called Igbo coup has been clarified , although I don’t need Babangida to tell me that the Coup was not executed by the Igbos , that is why I am a true Nigerian.

    “That coup was a Nigerian coup planned and executed by the Military and some people failed to do their job and their Igbos are bearing the brunt and that is not fair to the Igbos.”