A Federal High Court in Lagos on Thursday ruled that
a prosecution witness was competent to give evidence in the ongoing trial of a
former Governor of Abia , Orji Uzor Kalu, charged with N3.2 billion fraud.
In a short ruling on Thursday,
Idris held that the witness was competent to give evidence although he was not
listed in the proof of evidence.
“I have no doubt that
the witness is competent to give evidence in the trial.”
Idris, however, pointed
out that the witness was not properly brought before the court, and urged the
prosecution to comply with the provisions of Section 379(1) of the
Administration of Criminal Justice Act.
The judge, therefore,
directed the Economic and Financial Crimes Commission to supply the Defence
with additional proof of evidence.
The EFCC had on Oct.
31, 2016, preferred a 34-count charge bordering on N3.2 billion fraud against
Kalu and his former Commissioner for Finance, Ude Udeogo as well as Kalu’s
company — Slok Nigeria Ltd.
The accused had pleaded
not guilty to the charges and were admitted to bails.
At the last adjournment
on March 8, the prosecution had began examination of its second witness, Mrs
Christiana Ohiri, the Umuahia Branch Manager of UBA .
The witness had began
her testimony and the prosecution and sought to tender some statements of
account through her when a defence counsel, Mr Mike Ozekhome (SAN) objected to
the admissibility of the document.
He argued that the
document could not be tendered in evidence as same was not duly certified, and
urged the court to uphold his submission.
Justice Mohammed Idris
consequently adjourned the case to March 9 for ruling.
The accused were
alleged to have committed the offence between August 2001 and October 2005.
Kalu was also alleged
to have utilised his company to retain in the account of a First Inland Bank,
(now FCMB), the sum of N200 million.
The sum is alleged to
have formed part of funds illegally derived from the coffers of the Abia State
Government.
In one of the counts,
his company (Slok Nigeria Ltd) and one Emeka Abone, who is said to be at large,
were also alleged to have retained in the company’s account the sum of N200
million on behalf of the first accused.
They accused allegedly
used Spring Bank Plc, the defunct Standard Trust Bank and Finland Bank for the
fraud.
On counts one to 10,
the accused were alleged to have retained about N2.5 billion in different
accounts which belongs to the Abia State Government.
Cumulatively, in all
the counts, the accused were alleged to have diverted over N3.2 billion from
the state government’s treasury during Kalu’s tenure as governor.
The offences
contravened the provisions of Sections 15 (6), 16, and 21 of the Money
Laundering (Prohibition) Act, 2005 and Money Laundering Act of 1995 as amended
by the amendment Act No.9 of 2002.
The offences also
violated Section 477 of the Criminal Code, Laws of the Federation, 1990.
Justice Idris has
adjourned continuation of trial to April 10.
0 comments:
Post a Comment