N3.2bn fraud: Court rejects application to stop EFCC from testifying against Orji Kalu
A Federal High Court, Ikoyi, Lagos on Monday refused the application seeking to stop a prosecution witness from the United Bank for Africa (UBA), Mrs. Christiana Ohiri, brought by the Economic and Financial Crimes (EFCC), from testifying in the N3.2 billion fraud charge made against the former governor of Abia state, Orji Uzor Kalu.
Justice Mohammed Idris held that the witness, who is a branch manager with the financial institution, is competent to give evidence in the case since the provisions of the Evidence Act has been complied with by the anti-graft agency.
The court further declared that the signatory to the proof of evidence is not in doubt, adding that there is substantial compliance with the rules of professional compliance.
While ordering that trial should continue, the judge held that “the proof of evidence before this court is competent.”
Justice Idris at the last hearing held that the second prosecution witness, Ohiri, brought by the anti-graft agency is competent to testify in the criminal charge instituted against the former governor of Abia state, alongside others by the commission.
The judge had however declared that Ohiri was who not properly brought before the court.
This development prompted Justice Idris to order the EFCC to serve the defence team with additional proof of evidence which will include all the witnesses it intends to call and the summary of their statements.
Ohiri, who is the second witness called by the prosecution had informed Justice Idris that UBA was contacted by the anti-graft agency between September and October 2006, with a request that some documents relating to some transaction that were done early in 2006 should be made available.
The witness, who further revealed that she was asked to show up at the EFCC in 2007, apparently to give answers to some questions concerning the documents, maintained that the Abia state government house, Judiciary and Board of Internal Revenue, owned accounts with UBA during the period.
But along the line, Ohiri was interrupted from continuing to give evidence in the case.
This followed the objection raised by the former governor through his lawyer, Mike Ozekhime (SAN), as to the admissibility of the documents, which includes account statement being tendered by the witness on the grounds that they were not certified.
Ozekhome had insisted that: “Certification is a legal requirement under the Evidence Act.
“Account number 05335455001105, is an account that didn’t have UBA logo, this is just a piece of paper bearing some amount.
“The other two pages that has the bank’s logo, do not have any certification.
“The one that has logo was not certified, and the ones that were certified doesn’t have logo.
“This is contrary to Section 84 (1) of the Evidence Act.
“We therefore objecte to their admissibility.”
The SAN further argued that the court should not listen to the second prosecution witness, and that all the evidence so far given by Ohiri should be esponged on the reason that her name was not listed in the Proof-of-Evidence.
Responding, counsel to the anti-graft agency, Rotimi Jacobs (SAN), prayed Justice Idris to admit the documents as well as allow the witness to give evidence in the matter.
Jacobs insisted that the objections raised by the defendant was unfounded, and aimed at resuscitating the objections that were overruled by the court.
The EFCC’S counsel contended that though the name of the witness was not listed, but her statement, which was used in the earlier trial of the defendants from the High Court to the Supreme Court, were in pages 471-477 of the Proof-of-Evidence.
Jacobs said: “The agency had been calling the witness since 2008, and used her evidence when the matter was fresh,” even as he asked the court to admit the documents as well as allow Ohiri to continue to give evidence on the case.
The former governor was arraigned before Justice Idris alongside his company, Slok Nigeria Ltd., and the state’s former Commissioner for Finance, Jones Ude, on a 34 counts that touches on money laundering.
According to the charge, the defendants committed the offence between August 2001 and October 2005.
Specifically, the former governor was accused of using his company to retain in the account of a First Inland Bank, now FCMB the sum of N200 million.
The said amount was alleged to have formed part of funds illegally derived from the coffers of the Abia state government when he held sway.
In another breath, the former governor’s company, Slok Nigeria Limited alongside one Emeka Abone who the EFCC said is now at large was alleged to have retained in the company’s account N200 million on behalf of the first accused.
They were alleged to have utilised Manny Bank, Spring Bank Plc, the defunct Standard Trust Bank and Finland Bank, now First City Monument Bank (FCMB) to carry out the alleged crime.
The defendants were equally alleged to have retained about N2.5 billion in different accounts which funds were said to belong to the Abia State Government.
In totality, the defendants were alleged to have diverted over N3.2 billion from the Abia state government’s treasury when Kalu held sway as governor.
The offence according to the EFCC offends the provisions of sections 15(6), 16, and 21 of the Money Laundering (Prohibition) Act, 2005.
The offence equally wrongs 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.
