Orji Uzor Kalu‘s N3.2B CASE: WITNESSES ON THE RUN, SAYS EFCC

The ongoing criminal trial of a former governor of Abia State, Chief Orji Uzor Kalu, was stalled on Tuesday due to the inability of the prosecution to bring to court one of its major witnesses, one M.A. Udoh.

The prosecuting counsel, Mr. Rotimi Jacobs (SAN), urged the court to grant him a short adjournment to enable him to locate and bring Udoh, a retired employee of the Abia State Government House, Umuahia, to court to testify.

But the defence counsel – Prof. Awa Kalu (SAN), Chief Solo Akoma (SAN) and Chief K.C.Nwofor (SAN) – vehemently opposed the application for an adjournment, describing it as frivolous.

They expressed disappointment at Jacob’s request for an adjournment, noting that they had abandoned every other thing and flown to Lagos from Abuja just to ensure that there was no further delay in the case that had lasted for over 10 years.

“We are not going to agree to a request that will force Your Lordship to close for one week,” Kalu fumed.

Akoma, while aligning himself with Kalu, condemned the approach taken by Jacobs to bring his witnesses to court.

He recalled that on November 30 last year while the judge was adjourning the matter till Monday, Jacobs had told the court that he had four more witnesses to call, including Udoh.

He wondered why any of the other three witnesses was also not produced in court, even if the prosecution had a difficulty bringing Udoh.

“That shows the frivolity of the steps they have taken to bring their witnesses to court,” Akoma said.

He urged the court to either foreclose the prosecution’s case or if the request for an adjournment would be granted, the court should order the prosecution to bear the cost of the defence’s transportation and hotel accommodation.

This, he said, was in line with the provisions of Section 396(6) of the Administration of Criminal Justice Act 2015.

Toeing the same line of argument, Nwofor said it was regrettable that since the trial resumed, all the adjournments had been at the instance of the prosecution.

He said on account of the slow pace of the case his client, which is a company, had lost a huge amount in foreign currency in terms of contracts.

“We had 3,000 workers who have lost their jobs; we had 250 expatriates, they have lost their jobs and my friend is here asking for an adjournment,” he added.

Nwofor added that he had been unable to get his legal fee as his client was broke and was eagerly waiting for the trial to end.

He urged the court to award a cost of N10m against the prosecution in favour of his client for the delay.

But the prosecutor, Jacobs, argued that the case was delayed for over 10 years at the instance of the defendants who pursued an interlocutory appeal all the way to the Supreme Court.

He said it was due to the time spent by the defendants pursuing an interlocutory appeal that the prosecution was experiencing difficulty in assembling its witnesses some of whom had died, retired or relocated out of jurisdiction.

“If they had allowed us to go on within two to three years of the case, all our witnesses would have been assembled in one day,” he said, urging the judge to grant his request for an adjournment and to reject the award of cost.

In his ruling, the presiding judge, Justice Mohammed Idris, described the development as unfortunate.

He noted that the case had been adjourned on four different occasions at the request of the prosecution.

“Where a witness that ought to attend court, fails to attend court and summons has been issued and served on the same witness, then the prosecution would pursue the appropriate provisions of the ACJA to compel the attendance of the witness in court…This trial will no longer be adjourned on account of unavailability of witness to attend court… It is unfortunate that a trial, which has been adjourned for hearing from day to day could not proceed due to witness unavailability,” the judge said.

He, however, conceded to an adjournment, warning that it would be the last of its kind.

The matter was subsequently adjourned until January 22 and 23, 2018.
The ex-governor of Abia State, Kalu, is being tried on 34 charges alongside Udeh Udeogu and Slok Nigeria Limited.

They were accused of conspiring among themselves to divert a total of N2.9bn from the coffers of the Abia State Government.

But the defendants pleaded not guilty .

https://www.abnews247.com/2018/01/orji-kalus-n3-2b-case-witnesses-run-says-efcc/#.Wl4W613rJj8.whatsapp

Why won't they threaten witness with death? Someone so powerful so rich can buy generations of witnesses

Simply because witnesses are not safe, no provision for safety material witnesses whatsoever


Remember the ikoyi whistle blower? They released his identity, had no choice but to run away from the country


There's need for review of Nigerian Judiciary system, otherwise men like Kalu, Ffk, Fayose including women like Denziani and PEJ will always walk

Now u're talking that was y he was supporting this administration blindly so that his sins will be forgiven buh sorry is ur name because u're dealing with an unforgiven man so whether u support him or not U'll answer to ur crime 100% with interest


Stupid man

Why won't he? Even Ikoyigate "madman" fortune guy fled outside immediately.OUK is now a thief that belongs to the right bandwagon.If any man is in APC............."
Anonimi abeg help me here.

He joins APC and suddenly the witnesses are on the run.
Useless EFCC, Useless government.

Only Yoruba Muslims are yet to see this government for what they are

Hahahahah. Very funny. On the run indeed. The man started running as soon as OUK joined APC abi? Corruption fighters indeed.

DieBuhari:
He joins APC and suddenly the witnesses are on the run.
Useless EFCC, Useless government.

Only Yoruba Muslims are yet to see this government for what they are

As in. Extremely useless government.

A.P.C don arrange this one finish, remain to play it for us, DISCHARGE AND ACQUITTED.

He begins to kiss ass, lick balls and campaign for APC like a man who's lost all sense of reasoning and suddenly, witnesses start "running away" from his case. Hahaha
Fortunately, nothing surprises me any more with this government

kalu is playing smart. when he start supporting buhari and fulani herdsmen.

kalu will decamp to PDP when APC lost 2019. he is a cowardice and not a visionary politicians. CIA agent.

he is heartless for playing politics with the live of people killed in Benue.

Idiots everywhere but u can find nnamdi kanu witness and mask them

All of a sudden a witness is on the run, I beg who see the witness when him dey run. This is what happens when the apparatus of the state is weak if this is true then shame of the right agencies for failing to protect him but Nigeria that I know let's just assume the witness has been settled or threatened

He is now in APC so they must do everything to strike out the case.

Are we forgetting his now in winer party. Let wait and see where the case will end to.