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Court Grants Kalu Access To Herbalist But Must Spend Christmas In Prison
A Federal High Court in Lagos on Monday dismissed an application for bail filed by convicted former Abia Gov. Orji Kalu pending the outcome of his appeal against his conviction.
Justice Mohammed Idris held that there was no tangible ground for granting the application.
He discountenanced the ground of ill-health raised by Kalu, saying that he did not prove that the diseases he mentioned were contagious.
Idris also discountenanced the other grounds.
On the grounds that the bail would enable Kalu to represent his constituency in the Senate, the judge held that his constituents knew that he was on trial and still voted for him.
Kalu had on Dec. 17, prayed the court to grant him bail from the Ikoyi Custodial Centre pending determination of an appeal against his conviction.
Idris had on Dec. 5 convicted Kalu and sentenced him to a concurrent jail term of 12 years for N7.2 billion fraud.
The Economic and Financial Crimes Commission (EFCC) prosecuted Kalu together with a former Commissioner for Finance in Abia, Jones Udeogo, and Kalu’s company, Slok Nig. Ltd.
They were charged on an amended 39 counts of fraud.
The trial, which started in 2007, recorded some setbacks but eventually ended in October 2019 when parties in the suit adopted written submissions.
On Dec. 5, the judge found all the three defendants guilty.
He found Kalu and Slok Nig. Ltd. guilty of all the 39 counts of the charge, and convicted Udeogo on 34 counts.
Idris sentenced Udeogo to a concurrent 10 years’ jail term and ordered that Slok Nig. Ltd. should be wound up and all its assets forfeited to the Federal Government.
Kalu’s counsel, Mr Lateef Fagbemi (SAN) had premised the bail application on 23 grounds supported by a 38-paragraph affidavit.
“If there is a right of appeal, then there is a corresponding right of bail pending appeal,” he said.
Citing Sections 6 of the Constitution, Fagbemi argued that the court had the powers to entertain such an application since post-judgment jurisdiction were anchored on the section.
He said that the bail would enable Kalu to attend to his health as well return to the National Assembly to carry out service to the nation.
However, EFCC counsel, Mr. RotimI Jacobs (SAN), opposed the bail application.
“Although bail is generally a right of an accused as guaranteed by the Constitution, it is not a right available to a convict because the presumption of innocence had crystslised into guilt and conviction,” he said.
According to Jacobs, an application for bail pending appeal is sparingly granted.
He said that such a bail could be granted in a situation where the term of imprisonment would have elapsed before the determination of the appeal.
He argued that that was not the situation with Kalu’s case.
On Kalu’s health condition, Jacobs said that there was no recent medical report to show his state of health, arguing that the medical report tendered in his case was done more than a year ago.
Jacobs added that the request by Kalu to be released on bail so as to seek traditional medicine was not a tenable, as visitors were allowed into the custodial centre.
“He says he needs his herbalist to treat him but he has not said that his herbalist came to the prison and was not allowed to see him.
“In one breath, the applicant is saying that he wants to be released on health grounds while in another breath, he is saying that as a senator, he needs to be released on bail so as to carry out his official functions,” he said.
Citing the case of Federal Republic of Nigeria vs Joshua Dariye, he argued that the Nigerian criminal jurisprudence was robust enough to handle appeal and dispense with same within a reasonable time.
Besides, he argued that the medical facilities at the Ikoyi Custodial Centre were capable of handling Kalu’s medical condition.
The EFCC had on Oct. 31, 2016, preferred a 34-count charge bordering on N3.2 billion fraud against the convicts.
The charge was, however, on July 16, 2018, amended and increased to 39 counts with the sum increased to N7.2 billion.
EFCC had charged Kalu with utilising Slok Nig. Ltd. to retain N200 million in the First Inland Bank (now FCMB).
The commission said that the sum formed part of funds illegally derived from the coffers of the Abia Government.
In one of the counts, EFCC said that Slok Nig. Ltd. and one Emeka Abone, who is said to be at large, retained N200 million in the company’s account on behalf of Kalu.
In counts one to 10, the commission said that the convicts retained in different bank accounts, about N2.5 billion belonging to the Abia Government.
It said that the convicts diverted cumulatively over N7.2 billion from the Abia treasury during Kalu’s tenure as the governor, in contravention of Sections 15(6), 16 and 21 of the Money Laundering (Prohibition) Act, 2005, Money Laundering Act of 1995 as amended by Act No.9 of 2002, and Section 477 of the Criminal Code Act of 1990.
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