Alleged N7.65bn Fraud: Court Revokes Orji Kalu’s Bail

Justice Mohammed Idris of the Federal High Court in Lagos has revoked the bail granted former Governor of Abia State, Orji Uzor Kalu, in 2007 for flouting his order.

Kalu is standing trial after he was arraigned by the Economic and Financial Crimes Commission (EFCC) for an alleged fraud of N7.65billion.

The judge had last week given Kalu a seven-day ultimatum to return from Germany to face his trial.

The ultimatum came when Kalu’s lawyer, Prof Awa Kalu (SAN), told the court that his client was away in Germany for surgical operation.

He added that the ex-governor had been advised by his doctors to remain in Germany for some time to recuperate.

The defence counsel said counsel for the EFCC, Mr. Rotimi Jacobs (SAN), was aware of the development, and urged Justice Idris to further adjourn the case.

But the EFCC prosecutor, Jacobs, said he was surprised at Kalu’s absence from court, adding that he did not know if or when the ex-governor obtained the court’s permission to travel out.

Jacobs noted 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.

Describing the ex-governor’s absence from court as an attempt to frustrate the case, Jacobs urged Justice Idris to interpret Kalu’s absence to mean that he had jumped bail.

“I am not aware when the first defendant wanted to travel. We only got to know that he 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 said.

Responding, however, the defence counsel urged Justice Idris to discountenance Jacob’s argument, saying as of when Kalu travel led out, the court had adjourned the case in definitely.

Ruling on the lawyers’ submissions, Justice Idris noted that it was true that the matter was adjourned in definitely on September 27, 2018, but Kalu was on November 2 served with a hearing notice that the case had been scheduled for last Monday.

The judge also noted 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 to Kalu’s 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 bythe constitution, the African Charter on Human and Peoples Rights, the International Covenant on 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.