The Economic and Financial Crimes Commission (EFCC) has asked a Federal High Court in Abuja to transfer to its Lagos division, the fresh trial of former Abia State Governor Orji Kalu and two others in an alleged N7.1billion fraud.
The application seeking the transfer of the matter was brought pursuant to sections 18, 19, 22 and 45 of the Federal High Court Act 2010 and section 93 of the Administration of Criminal Justice Act (ACJA), 2015.
The EFCC’s application is seeking for an order of the Federal High Court in Abuja, transferring the case with charge number FHC/ABJ/CR/56/2007 between Federal Republic of Nigeria and Orji Uzor Kalu and two others to the Lagos division of the court.
Moving the application, lawyer to the EFCC, Oluwaleke Atolagbe, agued that the application is predicated on five grounds among which are that the Abuja division of the Federal High Court lacked the requisite territorial jurisdiction to entertain and try Kalu and other defendants in the instant charge.
He also informed the court that another ground for seeking transfer of the trial was that the charge was preferred against Orji Uzor Kalu, Slok Nigeria Limited and Ude Jones Udeogu at the Federal High Court Abuja sometime in number 2007 by the EFCC, following investigation by the commission.
The EFCC’s lawyer further argued that after taking their plea, the defendants brought an application, challenging the competence of the charge and insisted that there was no prima facie case against them.
Justice Binta Nyako, who was hearing the matter, was transferred out of Abuja, prompting the trial to start de novo (afresh).
Following the decision of the Supreme Court that many of the ingredients of the offences against the defendants occurred in Lagos and even most of the witnesses who are bank workers reside in Lagos, the EFCC applied to the Chief Judge of the Federal High Court to transfer the matter to Lagos.
Satisfied that many of the ingredients of the offenses occurred in Lagos, the CJ transferred the case to Lagos division of the court.
When the matter came on Thursday, Justice Inyang Ekwo said that he would not be able to take the application in view of the approaching Easter holidays.
The judge consequently fixed May 17 for determination of the application.
At the proceedings on Thursday, Prof. Awa Kalu (SAN) appeared for Senator Orji Kalu, Mr Solo Akuma stood for Jones Udeogu, while Goddy Uche (SAN) stood for Slok Nigeria Limited.
