Justice Mohammed Idris of a Federal High Court in Lagos on Monday revoked the bail of a former Governor of Abia State, Orji Kalu, following his failure to appear in court for trial as scheduled.
The Economic and Financial Crimes Commission (EFCC) is prosecuting Kalu together with his former Commissioner for Finance, Ude Udeogo, and a company, Slok Nigeria Ltd, on charges of N7.2 billion fraud.
EFCC had on October 31, 2016, preferred a 34-count charge, bordering on N3.2 billion fraud against the accused.
The charges were, however, subsequently amended to 39 counts, even as the accused all pleaded not guilty, and were granted bails.
At the last adjourned date on November 5, Kalu who was also absent for his trial is said to have informed the court that he was away for medical treatment in Germany.
Kalu’s lawyer, Prof. Awa Kalu (SAN), said that the ex-governor had been advised by his doctors to remain in Germany for some time to recuperate.
The defence counsel said counsel for the EFCC, Rotimi Jacobs (SAN), was aware of the development and urged the judge to further adjourn the case.
But the EFCC prosecutor, Jacobs, said he was surprised at Kalu’s absence from court, adding that he did not know if or when the ex-governor obtained the court’s permission to travel out.
Jacobs noted that having submitted his passport to the court as part of his bail conditions, Kalu must always apply to the court for the passport whenever he wished to travel.
Describing the former governor’s absence from the court as an attempt to frustrate the case, Jacobs urged Justice Idris to interpret Kalu’s absence to mean that he had jumped bail.
“I am not aware when the 1st defendant wanted to travel. We only got to know that the 1st defendant travelled abroad for medical treatment through his media aide, one Kunle Oyewunmi.
“Things must be done in accordance with the law. In my own view, what happened is that the 1st defendant has jumped bail. This is an attempt to further frustrate this trial because no application was made to the court to travel.
“I urge Your Lordship to treat the absence of the 1st defendant as that he has jumped bail,” Jacobs said.
In his response, the defence counsel urged Justice Idris to discountenance Jacob’s argument, saying as of when Kalu travelled out, the court had adjourned the case sine die (indefinitely).
While ruling on the lawyers’ submissions, Justice Idris noted that it was true that the matter was adjourned sine die on September 27, 2018, but Kalu was on November 2 served with a hearing notice that the case had been scheduled for Monday.
The judge also noted that the court received a mail confirming Kalu’s treatment arrangement, but he said the defence counsel failed to attach any medical report to guide the court as to Kalu’s post-surgery treatment.
Justice Idris said in the circumstance, he would, in the interest of justice, adjourn the case for the last time, stressing that Kalu must return from Germany within seven days and appear before the court
The judge, who is sitting on a fiat to conclude the trial, had then adjourned the case until Monday, November 12, for the continuation of trial and ordered that Kalu returns to the country within seven days from Nov. 5 to stand trial.
The court had said: “In the light of the entirety of this case, and in the interest of justice, I am prepared to grant the first defendant a final adjournment in respect of this matter.
On Monday, Idris, revoked Kalu’s bail, following his failure to appear in court for trial as scheduled.
The judge ordered that upon a return of Kalu from his alleged medical trip, he must submit himself to the EFCC, failing which an order will be made for his arrest.
“I am constrained to revoke the bail granted to the first defendant; the first defendant is, however, permitted to continue with his medical treatment abroad, unharassed by law enforcement agencies.
“Upon his return to the country, he must at the point of entry, surrender his international passport and other relevant travelling documents to the EFCC; he shall submit himself to the EFCC within 24 hours of his return, failing which he shall be rearrested and detained by the EFCC.
“Let me state that there is no doubt that the first defendant is entitled to and has a right to life, he has a right to seek medical treatment within and outside the shores of Nigeria; this right is further guaranteed by the African Charter on Human and People’s Right.
“In enjoying this right, the first defendant has a duty to follow due process of law; in this case, the first defendant acted outside the purview of the law, and he is expected to be dealt with according to the law.
“This court is a court of equity, but he who seeks equity must do equity; I find no reason why I should depart from the law, this court is an equal dispenser of justice,” the court held.
The case was however adjourned to December 3.
