The Federal High Court in Lagos on Monday revoked the bail granted a former governor of Abia State, Dr. Orji Uzor Kalu over a ₦7.65 fraud case.
In his ruling, Justice Mohammed Idris revoked Kalu’s bail for his failure to appear in court for his trial. Kalu’s lawyer, Prof. Awa Kalu (SAN) had last week Monday told the judge that his client had gone abroad for surgery.
However, the prosecuting counsel for the Economic and Financial Crimes Commission (EFCC), Mr. Rotimi Jacobs (SAN) argued that he was not aware that Kalu obtained the court’s permission before travelling to Germany despite having deposited his passport in the court’s custody.
Consequently, Justice Idris revoked Kanu’s bail and ordered him to submit himself to the EFCC within 24 hours of his return to the country from Germany. He also ordered the anti-graft agency to arrest and detain the ex-governor if he fails to yield himself to it within 24 hours of his return.
“In the circumstances, I’m constrained to revoke the bail granted to the first defendant. The first defendant is permitted to continue his medical treatment abroad unharrassed by security agencies.
“Upon the first defendant’s return into the country, he shall, at the point of entry, surrender his passport and other relevant travel documents to the EFCC.
“He shall also surrender himself to the EFCC within 24 hours of his return, failing which he shall be arrested 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 Peoples Rights and the Universal Declaration of Human Rights.
“In enjoying these rights, the first defendant has a duty to follow due process of the law. In this case, the first defendant acted outside the purview of the law and he is expected to be dealt with in accordance with the law.
“This is a court of law and a court of justice in accordance with the law. This court is also a court of equity, but he who seeks equity must do equity. It is said that like fire spits fire, so is equity.
“When you seek equity, you must do equity,” Justice Idris ruled.
Recall that hearing in Kalu’s trial was stalled on Monday, November 5, 2018 due to the ex-governor’s absence from court. The matter was consequently adjourned till November 12, 2018 for continuation of trial but Kalu again failed to appear.