TheCable

A federal high court in Abuja has fixed May 17 to hear an application seeking to transfer a case of alleged fraud involving Orji Kalu, former Abia governor, from Abuja to Lagos.

Kalu, who is the current chief whip of the senate, was sentenced to 12 years imprisonment in December 2019 after he was convicted of diverting N7.1 billion from the coffers of Abia state during his time as governor.

The EFCC had preferred a 36-count charge against him and Ude Jones Udeogu, a former director of finance and accounts in Abia.

However, the supreme court voided the trial after an appeal filed by Kalu’s co-defendant.

The supreme court nullified the trial on the grounds that Mohammed Idris, the trial judge, had no jurisdiction to hear the matter after he was elevated to the court of appeal.

The apex court ordered that the case be issued to another judge for a fresh trial

The EFCC then filed a fresh charge before Inyang Ekwo, an Abuja federal high court judge.

But Kalu asked the court to stop the commission from retrying him.

In his judgment, Ekwo upheld Kalu’s argument and ruled that the supreme court in its judgment did not specifically order that Kalu should be retried.

However, in the application before the court, the former governor’s name is yet to be removed from the court process.

The commission is praying the court to transfer the case marked FHC/ABJ/CR/56/2007 to the Lagos division of the court.

Oluwaleke Atolagbe, EFCC lawyer, in the application, said the Abuja division of the federal high court lacks the requisite territorial jurisdiction to entertain the charge.

He said although the suit first started in Abuja in 2007, it was moved to Lagos after the defendant challenged up to the Abuja jurisdiction of the supreme court.

When the matter came up for hearing on Thursday, Ekwo said he would not be able to take the application in view of the approaching Easter holiday.

The judge consequently fixed May 17, 2022 for determination of the application.

At the proceedings, Awa Kalu appeared for Orji Uzor Kalu, Solo Akuma stood for Jones Udeogu, while Goddy Uche stood for Slok Nigeria Limited.