Former Governor of Abia State, Dr
Orji Kalu, was on Monday accused of jumping bail after hearing in a case of
alleged fraud of N7.65bn was stalled on Monday due to the absence of the
ex-governor in the court.
Kalu’s lawyer, Prof Awa Kalu
(SAN), told Justice Mohammed Idris at the Federal High Court in Lagos that his
client was away in Germany for a surgical operation.
He noted that the ex-governor had
been advised by his doctors to remain in Germany for some time to recuperate.
The defence counsel called for
adjournment of the case, stating that the prosecutor for the Economic and
Financial Crimes Commission, Mr Rotimi Jacobs (SAN), was aware of the
development.
But Jacobs expressed surprise at
Kalu’s absence from court, denying any prior information of when the
ex-governor obtained the court’s permission to travel out of the country.
Describing the ex-governor’s
absence from court as an attempt to frustrate the case, Jacob 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 a statement by 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 that he has jumped bail,” Jacobs said.
Justice Idris in ruling said that
the court received a mail confirming Kalu’s treatment arrangement, but noted
that the defence counsel failed to attach any medical report to guide the court
on Kalu’s post-surgery treatment.
Justice Idris, in the interest of
justice, adjourned the case for the last time, stressing that Kalu must return
from Germany within seven days and appear before the court.
“I have always stated that every
citizen of this country is entitled to and has the right to seek medical
treatment abroad. This right is guaranteed by the constitution, the African
Charter on Human and Peoples Rights, the International Covenant of Civil and
Political Rights
“However, this right has
exceptions; therefore, in exercising this right, due regard must be for the law
and due process.
“Apart from the mail confirming
the treatment arrangement of the 1st defendant, the defence counsel should have
obtained a medical report on the condition of the 1st defendant post-surgery.
This would have properly guided the court in the proceedings of today.
“In the light of the entirety of
this case and in the interest of justice, I am prepared to grant to the 1st
defendant a final adjournment in respect of this matter.
“In the light of the provisions
of the ACJA, I shall not adjourn for more than seven days from today. It is,
therefore, hereby directed that the 1st defendant shall return to the country
within seven days from today’s date for the hearing of this matter,” Judge
Idris said.
The matter was then adjourned
till November 12, 2018 for continuation of trial.
No comments
Post a Comment
Kindly drop a comment below.
(Comments are moderated. Clean comments will be approved immediately)
Advert Enquires - Reach out to us at NigerianEye@gmail.com