Kalu ask court to stop EFCC, AGF from transferring case to Lagos
Former governor of Abia State, Dr. Orji Kalu, has approached the
Abuja division of the Federal High Court seeking an order of mandamus to
compel the Economic and Financial Crimes Commission (EFCC) and the
Attorney General of the Federation to prosecute the case brought against
him in the Abuja division of the court.
In a motion exparte brought pursuant to order 34 Rule 1 (a) and 3
of the Federal High Court (Civil procedure) rules, 2009; and section
6(6)(a) of the 1999 constitution, the former governor also sought the
leave of court to apply for the issuance of an order of mandamus
compelling the Chief Judge of the Federal High Court to remit suit No.
FHC/ABJ/CR/56/07-Federal republic of Nigeria Vs. Orji Uzor Kalu &
2Ors which was transferred from the Abuja division of the court to Lagos
back to Abuja for continuation of hearing.
The applicant through his legal team anchored by five Senior
Advocates of Nigeria (SAN); Chief Awa kalu (SAN); Chief Mike Ozekhome
(SAN); Solomon Akuma (SAN); Chief Kelvin Nwufo (SAN) and Chief Gordi
Uche (SAN) further asked for an order that the leave so granted shall
operate as a stay of all actions, matters or issues ancillary to or
relating to or pertaining to or connected with the case, pending the
hearing and determination of the suit.
Attached to the suit No. FHC/ABJ/CS/845/2016 is a supporting
affidavit of 16 paragraphs and an affidavit of urgency deposed to by
Ikechukwu Njoku, a legal practitioner.
According to the deponent, the suit brought against the applicant
was commenced in 2007 after he left office as the executive Governor of
Abia State.
He submitted; “After he left office, the applicant did not contest
any elective office because he wanted to retire to private life and
quiet life in his village Igbere in Abia State.
“However, due to the case brought against him by the EFCC, he
temporarily relocated to Abuja to face trial alongside others charged
with him.
“After he entered his plea of not guilty to all the charges and was
subsequently granted bail by the court, his trial was delayed by some
interlocutory applications that travelled to the Supreme Court.
“That in 2016, the Supreme Court ordered that the case be returned to the Abuja division of the Federal High Court for trial.
“That acting in strict compliance with the judgment of the Supreme
Court, the Chief judge of the Federal High court, Justice Ibrahim Auta
(3rd respondent), assigned the case to justice Anuli Chikere for trial.”
It is the case of the applicant that all parties appeared before
Justice Chikere on two occasions and the matter was adjourned due to
pending appeal before the Supreme Court.
The deponent further averred in the supporting affidavit that on
the “third occasion, the court ordered that the defendant (Kalu)
alongside others should take their plea which they did and were admitted
on bail.
Also he stated: “That the court alongside the prosecution
and defence team agreed for three clear dates and the matter was
adjourned to October 6, 7, and 8, 2016 for definite trial, thereafter,
all the parties left the court to prepare for adjourned dates.
“Surprisingly and without consultation with other parties and
defence team of the applicant, the EFCC (1st respondent), which is the
prosecuting agency approached the Chief Judge of the Federal High Court
(3rd respondent) and asked for a transfer of the case to Lagos judicial
division of the Federal High Court.”
The applicant further stated that the 3rd respondent yielded to
their request and transferred the matter to Lagos judicial division of
the Federal High Court.
“It is the deposition of the applicant that upon becoming aware
that the 3rd respondent has transferred the case to Lagos judicial
division of the Federal High Court, he petitioned the acting chairman of
the 1st respondent [EFCC], Ibrahim Magu, through one of his counsel,
Amobi Nzelu,” he said.
In addition, Kalu told the court that he has been standing trial in
the matter since 2007 and has never failed to appear in court on any of
the adjourned dates and expressed his willingness to face his trial
before any Judge in Abuja or in worst still in Umuahia were the alleged
offences were committed.
It is his contention that while the 2nd respondent (AGF) has
constitutional powers to initiate, maintain and discontinue any criminal
action in court, such powers cannot be used for persecution other than
for prosecution.
He stated further that transferring a nine-year-old case from Abuja to Lagos is for persecution and not prosecution.
While accusing the prosecuting agency of engaging in forum
shopping for a convenience court to convict him, he averred that he
temporarily resides in Abuja and his team of lawyers all reside in
Abuja.
Those who spoke on the matter including Chief Mike Ahamba (SAN);
Niyi Akintola (SAN); Mahmoud Magaji (SAN), Chief Mike Ozekhome (SAN);
Sabastine Hon (SAN); and Chief Solo Akuma (SAN), among others all
faulted the move as an abuse of court process laced with interior
motive.
