THE Appeal Court, Lagos Division, has fixed February 7, 2019, to hear an appeal by a former Abia State Governor, Dr. Orji Kalu, challenging the dismissal of his “no case” submission to a N7.65bn fraud charge.
Kalu’s submission was dismissed by Justice Buba Ibrahim of a Federal High Court in Lagos on July 31, in a charge preferred against him and two others by the Economic and Financial Crimes Commission (EFCC).
The court will also on the same date hear separate appeals filed by Kalu’s co-accused, Udeh Jones Udeogu and Slok Nigeria Limited, in similar circumstances.
The presiding appellate court judge, Justice Garuba Lawal, fixed the date after taking submissions of appellants’ lawyers, S. E. Elema (SAN), Solo Akuma (SAN) and K. C. Nwofo (SAN), regarding the transmission of record of appeal.
The EFCC was represented at yesterday’s proceedings by Adebisi Adeniyi.
Justice Idris on July 31, 2018, held that Kalu has explanations to make, particularly on certain documents tendered by the EFCC as exhibits in evidence against him.
The judge said: “I am of the view that the defendants have some explanations to make in the light of the exhibits and the evidence so far led. Again, I will say no more. The no-case submission is dismissed.”
Dissatisfied, Kalu through his lawyer, Chief Awa Kalu (SAN), filed a notice of appeal dated August 1, 2018, asking that the lower court’s verdict be overturned.
In the notice of appeal, Kalu maintained that all the evidence supplied by the prosecution witnesses had no “nexus” with him, and as such, there was no way a prima facie case against him would have been established.
The former governor contended that it would amount to “miscarriage of justice” to compel him to defend a matter in which no “prima facie” case has been established against him.
In one of the grounds of the appeal, the former governor said the lower court erred in law when it held that he had a case to answer “notwithstanding the fact that the evidence adduced by the prosecution witnesses neither had any nexus with him nor make out a prima facie case against the appellant.”
On the particulars of the error, he maintained that none of the prosecution witnesses gave any evidence linking him with any of the charges.
He added that there was no evidence that any of his co-accused acted at his behest or on his behalf.
On ground two, Kalu contended that the lower court erred in law when it held that “Exhibits B1-B28, 34, J, L, N1-N15, P1-P34, T8 and U” linked him with the offences charged and thereby required him to make some explanations by way of entering into his defence.
Four particulars of error that accompanied this ground are:
“None of the documentary evidence and financial records were made by the appellant or had any bearing to the appellant.
“The exhibits mentioned above did not show prima facie evidence of conspiracy or money laundering against the appellant.
“The appellant cannot be expected to prove his innocence when there is no nexus between him and the evidence led by the prosecution.
“The appellant will suffer gross miscarriage of justice to be compelled to defend a matter in which no prima facie case had been made out against him.”
The former governor is consequently asking the Court of Appeal to set aside the ruling of the Federal High Court delivered in respect of the case on July 31.
