The Supreme Court yesterday dismissed the appeal filed by former Abia State governor, Orji Uzor Kalu seeking to quash charges of corruption against him.
The apex court in a unanimous judgment said the appeal lacked merit.
In a swift reaction, Kalu said he was ready to face trial and reiterated his innocence.
Kalu had, in his appeal, sought to quash the charge of money laundering brought against him by the Economic and Financial Crimes Commission (EFCC).
A similar appeal by Kalu’s associate, Udeh Jones Udehogo was also dismissed by the Supreme Court on similar ground.
Justice Suleiman Galadima, who wrote the lead judgments in both appeals, upheld the concurrent decisions of the Federal High Court, Abuja and Appeal Court, Abuja in refusing the appeals.
The five-man panel of the apex court, in its unanimous judgments, directed the Chief Judge of the Federal High Court to assign both cases to new judges for hearing.
The apex court directed Kalu and his associate to submit themselves for trial.
In relation to the appeal by Kalu, Justice Galadima, whose judgment was read by Justice Sylvester Ngwuta, said: “The appellant had approached the Federal High Court, Abuja to quash
the charges made against him by the EFCC.
the charges made against him by the EFCC.
“The Court dismissed the case. He went to the Court of Appeal, Abuja Division. He lost and approached this court.
“Having considered all issues raised and arguments by parties, I come to the conclusion that I cannot, but help in dismissing this appeal for lacking in merit. It is dismissed.
“I affirm the decision of the court below, which rightly affirmed the decision of the Federal High Court, that it was not bound by the ex-parte order of the Abia State High Court as to vitiate the charges preferred against the appellant.
“The learned Chief Judge of the Federal High Court should assign the case to another judge for expeditious trial,” Justice Galadima said.
Other members of the panel: Justice Mahmud Mohammed (the Chief Justice of Nigeria), Bode Rhodes-Vivour, sylvester Nwgwuta and Datijo Mohammed agreed with the lead judgments in both appeals.
In its decision on April 27, 2012 the Court of Appeal, Abuja division dismissed the appeal by Kalu against the ruling of the Federal High Court, Abuja dismissing his motion seeking to quash the charge against him and his company, Slok Nigeria Limited.
Justice Ejembi Eko, who read the judgment on behalf of Justices Kayode Bada and Regina Nwodo resolved all issues in the appeal against Kalu and his company and dismissed the appeal for lacking in merit.
Justice Eko noted that the proof of evidence attached to the 97 count charge preferred against the appellants by the EFCC disclosed a prima facie case against the former governor and others.
Justice Eko said the facts raised in the proof of evidence established a prima facie case against the
appellants.
appellants.
He further said that as far as there was a link which prima facie is all about, the appellants had an obligation to stand trial to defend themselves.
He ruled that the ex-parte order of May 31, 2007 by Abia State High Court, asking the Federal High Court to stay all proceedings against Orji was a racquet suit aimed at frustrating his arrest and subsequent prosecution.
“That order was an order at large, personal rather than definite. It was an order made as an ex-parte and not at the course of trial.”
He described the ex-parte motion as an abuse of court process.
Justice Eko said the claim of breach of personal freedom raised by Orji was sentimental in nature, adding that the claim bordered on the realm of conspiracy theory and is politically motivated.
He said right to personal liberty was not absolute.
On whether EFCC had the competence to charge the appellants, Justice Eko held that both the EFCC Establishment Act and the Money laundering and Prohibition Act, (MPLA, 2003, 2004) had given the commission power to prosecute offenders.
“EFCC derives its competence to prosecute from section 6 and 7 of its Establishing Act. Equally, the definition of economic crime is quite wide,” he said.
The EFCC had on July 27, 2007 arraigned Kalu before the High Court in Abuja on charges of money laundering, official corruption and criminal diversion of public funds totaling over N5 billion.
On September 3, 2007 Kalu filed a motion before the court, asking for an order to strike out all EFCC charges against him and to vacate the terms and conditions of the bail earlier granted by the court.
The court dismissed the motion, a decision Kalu appealed to the Court of Appeal.
The court dismissed the motion, a decision Kalu appealed to the Court of Appeal.
Kalu: I am ready to stand trial…
Meanwhile, Kalu has expressed his readiness to face his trial and prove his innocence on the 107-count corruption charges brought against him by the EFCC.
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