See me eating in prison, Orji Kalu tells visitor

[Edoman]

See me eating in prison, Orji Kalu tells visitor
December 14, 2019

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THIS is a classic instance of the instability of human conditions. At the age of 20, he had become a millionaire at a time the naira was worth more than the dollar. At 26, he became the youngest Nigerian to receive the National Merit Award during the Ibrahim Babangida-led military administration in 1986.

Orji Uzor Kalu became the governor of Abia State when he was not yet 40 and ruled the state for eight years between 1999 and 2007. He capped a life on the fast lane with his recent election as the senator representing Abia North, eventually emerging as the Chief Whip in the upper chamber of the National Assembly.

But all that took a dramatic turn penultimate Thursday with his conviction by the Lagos Division of the Federal High Court which sentenced him to 12 years imprisonment for N7.65 billion fraud while he held sway as Abia State governor.

Although he has become a prison inmate since then, Sentry gathered that the reality of his new condition did not dawn on him until some of his associates began to visit him in the prison. Recall that the former governor reportedly asked the prison officials who led him out of the court after the judge pronounced his conviction: “Where are we going now?”

A few days after he landed in prison, one of his business associates was said to have paid him a sympathy visit but was shocked at the pitiable picture cut by the former governor, who was said to be wearing a pair of bathroom slippers.

“See me now eating in the prison,” a pensive Kalu reportedly told his visitor, who struggled to find the words that could console him. An erstwhile colleague of his as governor, who spent some time in incarceration, also visited him. The flamboyant ex-governor advised him to stay strong and regard his travails as another phase of life.

Sentry gathered that the former Abia State governor has been moved from Lagos to the Kuje Prison in Abuja for reasons no one could fathom.

[Edoman]

The Economic and Financial Crimes Commission (EFCC) on Saturday began marking for seizure properties belonging to the former governor of Abia State, Orji Kalu.

According to a statement issued by the agency’s spokesperson, Wilson Uwujaren, the action came following an order by a Lagos Division of the Federal High Court to wound up assets belonging to Mr Kalu’s company, Slok Nigeria Ltd.

Last week, Mr Kalu, a senator representing Abia North, was sentenced to 12 years in prison for a N7.65 billion fraud.

Read EFCC statement below

EFCC Press Release
N7.65bn Fraud: EFCC Marks Ex-Abia Gov, Orji Kalu’s Properties

The Economic and Financial Crimes Commission, EFCC, on Saturday,
December 14, 2019, marked properties belonging to a former Abia State governor, Orji Uzor Kalu.

The marking is to ensure that the properties are not dissipated, following the December 5, 2019 order of Justice Muhammed Idris sitting at the Federal High Court in Ikoyi, Lagos that Kalu’s company, Slok Nigeria Limited, be wound up and all assets forfeited to the Federal Government.

Kalu, who is the Senator representing Abia North in the National Assembly, had been arraigned alongside his company, Slok Nigeria Limited and Udeh Udeogu, his Director of Finance and Accounts at the Abia State Government House, over an amended 39-count charge bordering on conspiring and diverting the sum of N7.65bn from the coffers of the state.

The defendants pleaded not guilty to the charge preferred against them by the EFCC, thereby leading to their full trial.

In the course of the trial, the prosecution counsel, Rotimi Jacobs, SAN, called 19 witnesses and tendered several documents that were admitted in evidence by the court.

The defendants, however, testified on behalf of themselves during the trial.
The parties, during the proceedings on Tuesday, October 22, 2019, adopted their final written addresses.

In his final submission, the prosecution counsel, Jacobs, urged the judge to jail the defendants, saying the prosecution had proved the allegations against them.

Jacobs also urged the court to wind up the company as provided by the Law and all its assets forfeited to the Federal Government.

However, the defence counsel urged the court to “dismiss the charges, acquit and discharge” their clients.
Delivering his judgment, Justice Idris found the defendants guilty on all counts.

Justice Idris held that the prosecution had established its case against the defendants.

The Judge further held that “the case was conclusively investigated, as the prosecution conducted thorough investigations.”
Justice Idris, therefore, convicted and sentenced the first defendant, Kalu to five years imprisonment on counts 1, 2, 3, 4, 6, 7, 8, 9, 10 and 11; three years on counts 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33; 12 years on counts 34, 35, 36, 37 and 38 and five years on count 39.

The second defendant was convicted and sentenced to three years imprisonment on counts 24, 25, 27, 28, 30, 31, 32 and 10 years on counts 34, 37, 38 and 39.

Justice Idris further held that “In respect of the third convict, Slok Nigeria Limited, an order is hereby made that the company shall hereupon and without further assurances, but for this order, be wound up and all its assets and properties forfeited to the Federal Government of Nigeria.”

https://www.premiumtimesng.com/news/top-news/368192-efcc-marks-orji-kalus-sun-newspaper-other-properties-for-seizure.html

[Edoman]

Convicted ex-governor, Orji Uzor Kalu, files for bail on health grounds







Convicted former governor of Abia state, Orji Uzor Kalu, has approached the courts to grant him bail on health grounds.
 
On December 5th, a Federal High Court sitting in Lagos state, sentenced the ex-governor cum Senator to 12 years imprisonment for committing N7.1bn fraud while he served as governor.
 
In an application filed today in court, Kalu asked that he be granted post-conviction bail on health grounds. In his application, Kalu who represents Abia North in the senate, said he is battling serious health challenges that the medical facilities in the prison cannot handle. He argued that the offences for which he was sentenced were bailable and that the court should free him while he challenges his conviction by Justice Mohammed Idris at the Court of Appeal.
 
He also told the court that his good work as the Chief Whip of the Senate and the senator representing Abia North Senatorial District would suffer if he continues to remain behind bars.
 
The Economic and Financial Crimes Commission has opposed the post-conviction bail application. According to the antigraft agency, Kalu cannot be granted bail when has been convicted by a competent court of jurisdiction. 
 
His bail application has been adjourned to December 23rd.

[Edoman]

EFCC opposes Orji Kalu's plea for bail after conviction



Convicted Senator and former Governor of Abia State, Orji Kalu, on Tuesday prayed a Federal High Court in Lagos to grant him bail from the Ikoyi Custodial Centre pending determination of an appeal against his conviction.

Justice Mohammed Idris had 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 State, 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 set backs 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.

Justice 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.

On Tuesday, Kalu’s counsel, Mr Lateef Fagbemi (SAN) informed the court of a bail application he filed on behalf of the former governor, seeking to be released on bail pending the outcome of his appeal against the judgement.

He told the court that the application was premised on 23 grounds and supported by a 38-paragraph affidavit. Fagbemi added that after receiving the counter-affidavit filed by prosecution, he filed a 34-paragraph further affidavit with one exhibit attached.

Fagbemi also drew the court’s attention to a notice of appeal against Kalu’s conviction, and relied on the provisions of Sections 241 of the Constitution in urging the court to grant the bail.

“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-judgement jurisdiction were anchored on the section.

He said that the bail would enable Kalu to attend to his health as well as 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 crystallised 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 determination of the appeal.

He argued 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 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. Liman adjourned the case until Dec. 23 for ruling on the bail application.

The News Agency of Nigeria (NAN) recalls that 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 using 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 State 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.

https://www.dailytrust.com.ng/efcc-opposition-orji-plea-for-bail-after-conviction.html

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Post-Conviction Bail: Will Luck Smile On Kalu?



Where former governors Jolly Nyame of Taraba State and Joshua Dariye of Plateau State, who are presently serving 14-year jail terms failed to secure bail from prison pending appeal, many are wondering if former Governor of Abia State, Orji Uzor Kalu could succeed, writes Davidson Iriekpen

Will former Governor of Abia State, Senator Orji Uzor Kalu, be lucky with his application for bail from prison pending appeal? This is the question Justice Mohammed Liman would answer tomorrow when he delivers his ruling on the former governor’s application.

Justice Mohammed Idris had on December 5 convicted and sentenced Orji Uzor Kalu to a concurrent term of 12 years imprisonment over N7.2billion fraud after the Economic and Financial Crimes Commission (EFCC) charged and prosecuted him alongside his former Commissioner for Finance, Jonnes Ude Udeogo, and his Company, Slok Nigeria Limited, on an amended 39 counts charge of fraud.


In his judgment, Justice Idris found Kalu and Slok guilty of all 39 counts of the charge, while the second defendant Udeogo, was convicted on 34 counts of the charge. While Kalu was sentenced to a term of 12 years imprisonment for the offence, Udeogo got 10 years imprisonment. The court ordered that Slok Nigeria Limited be wound up and its assets forfeited to federal government.

“The case was conclusively investigated as the prosecution conducted thorough investigations. No gaps were left unfilled; this is the acceptable practice. The first defendant failed in his obligations under the law. He acted contrary to his codes of conduct and will be dealt with accordingly. No evil deed will go unpunished. The offences are anti-human; it is condemned worldwide, because it is a crime against humanity,” the judge held.

https://www.thisdaylive.com/index.php/2019/12/22/post-conviction-bail-will-luck-smile-on-kalu/amp/?__twitter_impression=true

[Edoman]

Orji Uzor Kalu to spend Christmas in prison as court rejects his bail application






Convicted Former Abia state governor, Orji Uzor Kalu, will be celebrating the yuletide in prison as his bail application was dismissed for lack in merit by a Federal high court sitting in Lagos today Monday December 23rd.
 
Recall that last week, Kalu filed an application for bail from Ikoyi prison where he is serving a 12 year jail term following his conviction for N7.2billion fraud on December 5th.
 
The former governor who was the chief whip of the Senate before his conviction, asked the court to grant him bail on health grounds. He argued that the prison lacked the medical facility to cater to his health challenges.
 

[Edoman]

N7.bn fraud: Orji Uzor Kalu to remain in prison as appeal court upholds his conviction








Chief whip of the senate, Orji Uzor Kalu who was handed a 12 year jail sentence after being found guilty of N7.1 billion fraud while he was Governor of Abia State, will remain in prison as a court of appeal in Abuja has dismissed an appeal filed against his sentence. 

 

Recall that the former Governor was convicted and handed a prison sentence alongside Udeh Udeogu who served as Finance Commissioner during his administration. The Federal High Court in Lagos also ordered the liquidation of Kalu's company, Slok Nigeria Limited, and forfeiture of its assets to the federal government.

 

The duo who however filed an appeal against the judgement, insisted that the federal high court in Lagos lacked the jurisdiction to try them because that was not where the offence was committed.

 

However the three man panel at the court of appeal in Abuja dismissed the appeal on grounds of lacking merit. Justice Olabisi Ige who delivered the lead judgement, stated that the complaint of the appellants is a non-issue as their right was not infringed.