A Federal High Court in Abuja on Monday,
said it would await another decision of the Supreme Court’s judgment
before it would proceed with the trial of a former Governor of Abia
State, Orji Uzor Kalu, and his co-accused on money laundering charges.
The Economic and Financial Crimes
Commission had, in 2007, preferred the charges against Kalu along with
Jones Udeogo, and the former governor’s company, Slok Nigeria Limited.
A lawyer, Mr. Oluwaleke Atolagbe, who
appeared for the lead prosecuting counsel, Mr. Rotimi Jacobs (SAN), on
Monday, informed the trial judge, Justice Anwuli Chikere, that the
charges against the accused had been amended.
The charges formerly 112 counts
involving alleged diversion of N5.6bn belonging to Abia State were
amended to 34 counts in which the cumulative sum of N3.2bn was allegedly
diverted by the accused from the Abia State Government’s treasury.
The accused allegedly diverted the funds while Kalu was the Governor of Abia State.
The trial judge, Justice Anwuri
Chikere, had fixed Monday for re-arraignment following the judgment of
the Supreme Court delivered on March 18, 2016, dismissing Kalu’s and
Udeogo’s separate appeals challenging the validity of the charges
preferred against them.
The Monday’s proceedings scheduled for
the re-arraignment of the accused persons could not proceed after
counsel for Udeogo and Slok Nigeria Limited, Mr. Solomon Akuna (SAN),
informed the court that there was a pending third appeal with respect to
the case which had yet to be heard and determined by the apex court.
Akuna said, “On April 11, 2016, the
counsel for the prosecution submitted two judgments of the Supreme Court
and gave the impression that all the appeals at the Supreme Court has
been determined.
“There is a third pending appeal by the third defendant (Slok Nigeria Limited).
“There were three appeals. The appeal by
the first defendant, SC.215/2012, has been determined. The second
appeal, SC.264/2012, and the third appeal, SC.264A/2012, by the 3rd
defendant is still pending.
“As at today, briefs have been filed and exchanged by the parties to the knowledge of the counsel for the prosecution.
“It is our submission that the commencement of hearing today will prejudice the appeal by the third defendant.”
Akuna said he had applied to the Chief
Justice of Nigeria, Justice Mahmud Mohammed, and the Director, Legal
Litigation of the Supreme Court, to give a hearing date for the appeal.
Counsel for the prosecution, Atolagbe,
confirmed that there was a pending appeal, but urged the judge to fix
the case for arraignment.
He said the issues in the third appeal had been substantially determined in the two already decided by the Supreme Court.
He also opposed an adjournment till October requested by Akuna, who represented Slok and the second accused, Udeogu.
Kalu’s lawyer, Awa Kalu (SAN), did not oppose the adjournment.
Justice Chikere then adjourned till June 30 for report on the development in the appeal before the Supreme Court.
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