Appeal Court permits EFCC to prosecute Orji Kalu

The Court of Appeal in Abuja has ruled that the Economic and Financial Crimes Commission, (EFCC) can prosecute the former governor of Abia state, Orji Uzor-Kalu, ruling that the anti-graft agency has established prime-facie cases against the defendant.

The former state governor 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.

He also argued 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.
The former governor’s company, Slok Nigeria Ltd sought similar leave as he also asked the court to 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.

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 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.

Describing the ex-parte motion as an abuse of court process, the judge stated that the 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.”

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, had given the commission power to prosecute offenders. “
In his reaction to the ruling, prosecution counsel, Rotimi Jacobs expressed satisfaction with the judgment, noting 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 totalling over five billion.