The Economic and Financial Crimes Commission (EFCC) on Tuesday arraigned a former governor of Abia State, Dr. Orji Uzor Kalu at a Federal High Court in Lagos on an amended 39-count bordering on alleged ₦7.2 billion fraud.

Kalu, who is now a member of the ruling All Progressives Congress (APC) is being prosecuted by the anti-graft agency alongside his former Commissioner for Finance, Ude Udeogo and a company, Slok Nigeria Ltd which is owned by him.

The EFCC had on October 31, 2016 preferred 34 count charges, including a ₦3.2 billion fraud charge on Kalu and Udeogo, both of whom pleaded not guilty and were granted bail.

The EFCC had closed the prosecution’s case in May 2018, after calling a total of 18 witnesses and tendering a plethora of evidences before the court. However, when the case came up on July 16,  EFCC’s counsel, Mr Rotimi Jacobs (SAN) informed the court of a second amended charge, urging it to order the accused to take their pleas.

 Kalu’s defence team comprising  Mr. Awa Kalu (SAN), Chief Solo Akuma (SAN) and Mr. K. C. Nwofo (SAN)  opposed the amended charge on the grounds that it was not done in accordance with the provisions of the law, urging the court to refuse it.

But in a short ruling on Tuesday, Justice Mohammed Idris, while interpreting the provisions of Sections 216 and 217 of the Administration of Criminal Justice Act held that the prosecution could amend the charge.

According to Idris, an alteration of a charge can be allowed at any time while the court accordingly calls upon the accused to plead to the new charge and proceed with trial, adding that the court cannot shut out the prosecution from filing a second amended charge as the defence had not showed that the amendment would be prejudicial to it.

After the court’s ruling, the accused were then re-arraigned on the new charges, and they again, each pleaded not guilty while the court allowed them to continue with the earlier bails granted.

The defence team then informed the court of their various ‘no case submissions’ filed on behalf of the accused, adding that they had served same on the prosecution which in turn, filed a written address in reply.

The defence team further argued that the prosecution’s address was over 100 pages and so, they would require time to study same and make a response.

In the amended charge, the accused persons were alleged to have committed the offence between August, 2001 and September, 2006.

Kalu was alleged to have used his company, Slok Nigeria Ltd., to retain ₦200 million, alleged to have formed part of funds illegally derived from the treasury of the Abia State Government in an account in First Inland Bank, now First City Monument Bank.

In one of the counts, Kalu, his company (Slok Nig Ltd), one Emeka Abone and Michael Akpan, who are said to be at large, were also alleged to have between 2001 and September 2006, collaborated to commit an offence.

They were alleged to have concealed the genuine origin of an aggregate sum of ₦7.2 billion which formed part of funds illegally derived from the Abia State Treasury and converted same into several bank drafts which were subsequently paid into an account belonging to Slok Nigeria Ltd.

In counts one to 10, the accused were alleged to have retained about ₦2.7 billion in different accounts, which funds were said to belong to the Abia State Government. Cumulatively, in all the counts, the accused were alleged to have diverted over ₦7.1 billion from the Abia State Government’s treasury, during Kalu’s tenure as governor.

The offences contravene the provisions of Sections 14, 15(6), 16, 17 and 21 of the Money Laundering (Prohibition) Act, 2005.

They also contravene the provisions of the Money Laundering Act of 1995 as amended by the amendment Act No. 9 of 2002 and Section 477 of the Criminal Code Act, Laws of the Federation, 1990.

The case has been adjourned until July 25 when addresses on the ‘no case’ submissions will be entertained.