EFCC Press Release: Orji Kalu Has Case to Answer – Appeal Court

Former Abia Gov. Orji Uzor Kalu
By Wilson Uwujaren- Media & Publicity Unit, EFCC

The Economic and Financial Crimes Commission, EFCC on Friday April 27, 2012 secured a landmark victory in its suit against former governor of Abia state, Orji Uzor Kalu at the Court of Appeal, Abuja Division, when the panel of three justices led by Justice Ejembi Eko, struck out the appeal by the former governor and his company Slok Nigeria.

The appellants had approached the appellate court to set aside the ruling of the Federal High Court that the former governor had a case to answer. Some of issues raised for determination by  Kalu’s counsel, Awa Kalu (SAN) included the declaration by the appeal court that the appellants were arraigned on non-existent law and that the proof of evidence did not disclose a prima facie case against the appellants.

 
Orji further stated that since the Abia State High Court had issued an ex-parte motion on the matter, the Federal High Court lacked jurisdiction to entertain the case.

He also sought the leave of the appellate court to enforce his fundamental human rights by declaring his arrest, detention, and arraignment a nullity.

Orji’s company, Slok Nigeria Ltd sought similar leave. Additionally that the appeal court should determine whether the EFCC and the federal government were competent to prosecute a case involving the revenue of a state.

 In a unanimous ruling read by Justice Eko on behalf of Justices Kayode Bada and Regina Nwodo, the appellate court resolved all the grounds of appeal in favour of the respondent and dismissed the appeal for lack of 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.

 According to him, the facts raised in the proof of evidence established a prima facie case against the appellants. He further said that as far as there is a link which prima facie is all about, the appellants had an obligation to stand trial to defend themselves.

 
He further 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 affirmed that the claim of breach of personal freedom by Orji was sentimental in nature. ”This claim borders on the realm of conspiracy theory and is politically motivated. Right to personal liberty is not absolute,” the judge stated.

On whether EFCC had the competence to charge the appellants, the court maintained 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,” the judge said.

In his reaction to the ruling, prosecution counsel, Rotimi Jacobs expressed satisfaction with the judgment. He noted that the Appeal Court ruling had vindicated his position that the Abia High Court Order was intended to protect Kalu from prosecution and exposed the hollowness of the position of the former Attorney General of the Federation and Minister of Justice, Michael Andoakaa that the order must be obeyed.

The EFCC had on July 27, 2007 arraigned former Abia State Governor Orji Uzor Kalu before an Abuja High court on a 107 count charge of money laundering, official corruption and criminal diversion of public funds totaling over five billion.

On August 5,2007 Kalu wrote a letter to then President Umaru Yar'Adua, urging him to order the EFCC to discontinue the trial, complaining that the Commission failed to obey a May 31, 2007 Abia State High Court order for stay of proceedings pending the determination of a motion before it.

President Yar'Adua, replying through Aondoaaka, promised Kalu that the Abia High Court ruling would be respected. On September 3, 2007 Kalu filed a motion at the Abuja High 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.

 During the September 5, 2007 hearing of Kalu's motion, an attorney from the AGF’s office appearing for Aondoakaa, urged the court to comply with the Abia High Court ruling. Earlier, both the EFCC lawyer and the Justice Minister's representative clashed over which of them had the power to prosecute Kalu's case. The matter was resolved in favour of the Attorney General.

During the course of the trial, one chief Eze Gaius Ihejiamaizu, who was then the chairman of Abia council of Ezes stood as one of Kalu’s sureties but eventually withdrew his surety. He said in his application to be discharged from the obligation that  he no longer have confidence in the 1st accused person and will not stand as surety for him anymore.

“That for now, the 1st accused and myself have not been associating with each other and I can no longer vouch for him being unaware of his movements and action.

“That it would be in the interest of justice to discharge me as a surety to the 1st accused person and return my said certificate of recognition to me,” he declared.

 
 

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Today, I went to the beach

Today, I went to the beach with my kids. I found a sea shell and gave it to my 4 year old daughter and said "You can hear the ocean if you put this to your ear." She placed the shell to her ear and screamed. There was a hermit crab inside and it pinched her ear. She never wants to go back! LoL I know this is entirely off topic but I had to tell someone! Jacquie Berley

justice please

orji kalu is a man i respect. however he should face the law and clear his name once and for all or face the consequences if he is guilty. that to me is the honorable thing to do.

goodluck AND rule of law

u c? d sacred cows are now roasted alive in potiskun. d untouchable are like pure water now. cpc.acn shd clap 4GEJ

Clamp the Cuffs

EFCC, It is not Enough to say " Orji Kalu Has Case to Answer" When are we going to see that SOB and all his satanic beneficiaries in handcuffs and shackles satnding before a judge. Until that happens, EFCC is a big J.O.K.E

The Surgery Nigeria Needs

Excerpts from a 28 page publication written by Prof W. Akintunde Isaacs-Sodeye in 1992.

Chapter 2

THE DIAGNOSIS

Genesis of the disease - A flashback.

A. 1965. It was the year 1965, I had been a Senior House Officer in the Outpatients' Emergency Unit at Lagos Teaching Hospital. It was very busy and there were many cases to see. Taxi-cabs came and went. Some drivers stayed to wait for their clients. Just outside the windows, there was a constant hum of chatter. This was a "window" to the world of Lagos. These drivers saw everything, knew everything. "Their government cannot last much longer, the poor cannot get justice, nothing seems to work" that was the trend in the gossip. They were dissecting the situation of living in Lagos and Nigeria.

Full post :-
http://www.nairaland.com/925189/surgery-nigeria-needs#10699666

Try IBB, Ohakim, Abdulsalam, OBJ, Anini and Odili

When will EFCC try IBB, Andulsalam, Obasanjo, Tony Anini,Ohakim and Odilli. IBB is the biggest of them all and I wonder why he's not been probed. As for Ohakim, he can run, but can't hide. We know where the stolen funds were taken to and we also know where he invested them. You guys are mean to steal from the state and federal treasury and leave your people in terrible conditions. Please, EFCC, try Ohakim for Imo people. Look at OBJ of yesterday is now a billionaire.

Where the buck stop......

In all of what we are seeing in the past few days, Ibori, Kalu, Andoakaa, where does the buck stop? At the top, the head, Yar'adua! These people were shielded by him and we all keep quiet. I know how we feel about the dead in Nigeria but, the truth must be told. All the looting of the treasury during his illness and 'transition' has not been mentioned nor addressed. I believe and strongly so that time will tell. They will all pay. I hope my dear Jonathan is watching and listening.....

Osita Dioka dont pee in yr pants

@Osita DIOKA, perhaps you are looking for a way to shake hands with Orji Kalu. I know Orji Kalu more than u know your own wife. So shut. Are you not shivering now because your brother will soon take over the cell that Bode George left in kirikiri? Orji should have been in jail lonag time ago-most especially when he turned newpapers into naira notes in Maidugari! You were all over the place penning rubbish against the SS over the Ibori, Ibru and Alams palaba. Well be put on notice that Orji Kalu is surely going to jail. The Nigerian judges are angry-they want to clean up the mess in the judiciary. And the only they can do that is to have the 32 governors Ribadu talked about including tinubu go to jail for life.

Peter Odili and Orji Uzo Kalu

Nigerians will continue to see EFCC as a huge joke as long as thieves and rapists like Peter Odili, and Orji Uzo kalu continue to walk free just because they used people's money to bribe crooked judges.

EFCC vs Kalu

Michael Andoakaa is nothing but a disgrace to the law profession.
There is light ahead in the tunnel after 10 years of up and down. Hopefully EFCC can also bring the thief Lucky Igbinedion to book. It was this same Michael Andoakaa that shielded him.

Good job EFCC! But what about Andoakaa?

Since Andoakaa fought doggedly to shield Ibori, Kalu & others, who we now know to have cases to answer, may be, and just may be he knows more than we gave him credit for. Maybe he knew about their thievery and fraud, or he probably partook, hence his doggedness to shield them from the crimes, which he should or ought to have known about by virtue of his high office as the AGF! Doesn't this make him, either an ACCESSORY BEFORE THE FACTS or AFTER THE FACTS? Or, perhaps, HE CONSPIRED with them, and therefore, should be investigated for CONSPIRACY. Surely he must know something, hence the manner he GROSSLY ABUSED HIS OFFICE AND WENT ABOUT PROTECTING CRIMINALS WITH ALL HIS MIGHT AND THE WEIGHT OF THE LAW. Andoakaa has a case to answer too!

orji

orji, your worse nightmare has resurfaced for an uncompleted deal, please attend to the deal as soon as possible.

The chicken is coming home to roost

Where there is no fairness in governance,no equitable in justice,there should be no peace. Only in nigeria that we have peace with no fairness in governance and no equitable in justice. Somebody diverted public fund and was being shielded by AGN and the judiciary. Shame on nigeria!Must Ibori be convicted in a british court before we wake up from our slumber. No matter how long it takes, Aondoaka still have some questions to answer, he may think he can enjoy the proceed of his loot by using all the land in Gboko to plant rice, but the long arm of law and justice will catch up with him one day. He will give account of his deed in office.They have removed the shield on Orji Kalu,we are still waiting for the outcome of appeal against Lucky Igbinedion who thinks he can run to South African to enjoy his loot.

Orji, before; Akpabio, now.

Orji had been but Akpabio is but EFCC is always there. Ibori, son of circumstance, Akpabio has stolen a billion times bigger than you, what are we to do? Nothing! How about IBB, Buhari, Abdulsalam, OBJ, so many millions of Nigerians who are opportuned to work where there's cash, EFCC, NPA, POLICE, NITEL, ICPC etc. Money is stolen every single second. Remember Ministry for Niger Delta, super cash waste bin. Nigeria is doomed! shame...

Hmmmm

Eeeeh, cant you see that they are trying to shut up all opposition. No problem. As long as you remember that your own (Jonathan) is coming

@DERI,GO ON..DEFEND HIM,HE WILL PAY

@DERI,I have a hunch,he will pay you big time so good luck after all na your oil money.

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Boko haram ...

Naija Justice, jungle justice

Can you believe this criminal case has been lingering for almost 10 years and the British has arrested Ibori prosecuted him and handed him 13 years chieftancy title in the British prison.If Ibori was still in Nigeria, he would probably be visiting Aso Rock as one of our untouchable big men. Now we know he has always been a "petty thief" not by me, by the judge who sentenced him and the prosecutor who prosecuted him. Orji Uzor Kalu like Ibori and all their accolades any where in Nigeria, the days of a petty thief is numbered and coming to an end. Now we can see why corruption thrive in Nigeria, when our courts are made mockery, instead a place to seek justice. Ibori was cleared of 179 charges by one judge, Odili with his Mbaise wife obtained a restraining order from a court for the FG from prosecuting him for looting his state; Orji Uzor Kalu went for an Abia judge to give him his own restraining order. Nigeria where Dollar buys justice!

Ribadu told us about 32

Ribadu told us about 32 governors including Tinubu stole the resources of their respective states. If the judges in Nigeria, have not been disgraced enough, then they should allow the 32 thieves out of whom only 2 have served their time to go free. Ibori and Alams from the South South have tasted the bitter prison soup. Every governor who was mentioned must but put in the dock, tried and if found guilty jailed. Our prisons were not created for governors frrom the south south alone-let every man or woman who was mentioned by ribadu-including the Iyabos and Jubril Aminus all appear before a judge-if possible in NONDON!

orji, i do not know how to support you.

I do not know how to support this Armed Macro-Economic Robber (AMER).Remember there will never be any rich man in the Forbes list from the south east like Dangote, as we are afraid of the likes as late Ojukwu, who rose up with his resources/blood instinct to fight for his peple, while the likes as Ibori, the "banbangidarised" judases of his people for a must nigeria, is wasting in prison. Remember immunity on kidnap and abduction in the south east and south south will end when some bad eggs die away.When a confession in abduction or kidnap or assassination implicates them, the EFFC does the work and not the FG, as it will expose them against the people they are fed to sabbotage as Judases.

See this before further comments

Despite Court of Appeal ruling, I remain unbowed – Kalu
A former Governor of Abia State, Dr. Orji Uzor Kalu, has said that despite the pronouncement of the Court of Appeal on Friday that he has a case to answer based on the allegations of corruption brought against him and his company, Slok Nigeria Limited, by the Economic and Financial Crimes Commission, he remains unbowed.
Kalu, in a statement on Friday, said he remains unshaken in his position that he did not tamper with the commonwealth of the people of Abia State but was only paying for his decisions to stand against some people who were bent on ruining the country while they were in power.
He said that the records are there and his achievements speak for themselves while he was in charge of the government Abia State to prove that he did not take a kobo from the coffers of the state.

The Train Of Justice

Even Though the train of justice might seem slow in some cases due to evil hands that are manipulating:)))It will get to its destination someday!!

I hail the erudite ruling of the 'Three Wise Men'and God will continue to bless all ya!!

The Abia People need to have their day in court against this evil man and his mother that ruin their lives.

So I chilling on my side in this train
Of justice as it moves in its slow pace
We will be talking blues at the jails
Prepare the entrance of a resident pig
That will taste the rod of the prison
Yard because his feet is too big for
His shoes.

Kalu/efcc

LOL..now it's kalu the big mouth turn.Folks, we are getting somewhere, slowly but, surely. Bro Deri, oya make u link Kalu with Tinubu.

Look at how lousy our justice

Look at how lousy our justice system is. It has taken nearly 5 years to quash the satanic experte injuction given to these crooks by corrupt judges. Efcc please send this goathead to prison without further delay. What of andoaka, odili?? How could these beasts be allowed to move freely? These are candidates for 25 years in jail with hard labor.

uzor

I thought Uzor was an angel. Now that he is not, all is lost by Nigeria, nay Africa!

FGN DOES NOT HAVE THE STRONG WILL TO FIGHT CORRUPTiON

Let our government show more seriousness in fighting corruption, they should support the EFCC, stop shielding politicians avoid unnecessary interference in yhe war against corruption. Let the judiciary also sit up. May God help our dear country.

The case has lingered

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Orji Uzor Kalu is a Great Man

Jealousy will kill una, OUK ia a good man. Jonathan is a good man. Mom, Dame Patience Goodluck is a great African first lady.
Envy kills

A motor Park Tout.

Orji Uzor Kalu is a motor park tout who abused the trust of Abia People. During his tenor as the Governor of Abia State, he used intimidation and bullying to shove undevelopment down the throat of Abians.

Abia State is yet to recover from the damage that this psycho inflicted on them.

Intimidation and bullying is a sign of a low self-esteem.

There is no better time to

There is no better time to prove to the wor
ld that Nigeria can work a country which corruption is the foundation of the society if people like Orji, Odili Peter and d rest of them can be brought to justice, then I see hope for tomorrow

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