Convicted senate chief whip and former governor of Abia State, Mr. Orji Kalu, on Tuesday prayed a Federal High Court in Lagos to grant him bail from the Ikoyi correctional centre pending the determination of an appeal against his conviction.
NAN reports that Kalu’s counsel, Mr. Lateef Fagbemi informed the court of a bail application he filed on behalf of Kalu 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-patagraph 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 power to entertain such an application since post-judgement jurisdiction was anchored on the section.
He said that the bail would enable Kalu to attend to his health as well return to the National Assembly to carry out service to the nation.
However, counsel for the Economic and Financial Crimes Commission (EFCC), Mr. RotimI Jacobs, 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 crystslised into guilt and conviction,” he said.
He argued that application for bail pending appeal is sparingly granted.
He said such a bail could be granted in a situation where the term of imprisonment would have elapsed before determination of the appeal.
He said that was not the situation with Kalu’s case.
On Kalu’s health condition, Jacobs said 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 a tenable, as visitors were allowed into the correctional 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 correctional centre could handle Kalu’s medical condition.
Liman adjourned the case until Dec. 23 for ruling on the bail application.
It would be recalled that Justice Mohammed Idris of the Federal High Court, had on December 5 sentenced Kalu to 12 years in jail for embezzling public funds totaling N7.1 billion.
The EFCC filed the fraud charges against Kalu in 2007.
On October 31, 2016, the anti-graft agency preferred a 34-count charge bordering on N3.2 billion fraud against the accused.
However, it amended the charges on July 16, 2018 to 39 counts with the sum increased to N7.65 billion.
In one of the counts, the EFCC alleged that Kalu, who was Abia State governor between 1999 and 2007, “did procure Slok Nigeria Limited – a company solely owned by you and members of your family – to retain in its account , domiciled with the then Inland Bank Plc , Apapa branch , Lagos , an aggregate sum of N7,197,871,208 .7 on your behalf. ”
The prosecution claimed that the N7.1bn “formed part of the funds illegally derived from the treasury of the Abia State Government and which was converted into several bank drafts before they were paid into the company’s account.”
Kalu was sentenced alongside his former director of finance and accounts at Abia State Government House, Mr. Udeh Udeogu.
While Udeogu was sentenced to 10 years’ imprisonment, the judge ordered the winding up of a third defendant, Slok Nigeria Limited and its assets forfeited to the federal government.
In his ruling, the judge convicted and sentenced the former governor 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.
He said the sentences shall run concurrently, meaning that Kalu will spend 12 years in jail.
The judge found Udeogu guilty of 11 out of the 16 counts in which his name featured.
He was pronounced not guilty on five counts. On each of counts 23-25 and 27-32, Udeogu was sentenced to three years’ imprisonment.
On each of counts 34-38, he was sentenced to 10 years and five years on count 39.
Justice Idris the sentences would run concurrently, meaning that Udeogu will spend 10 years in jail.
For the third defendant, Slok Nigeria Limited, the judge said it should be wound up and all its assets forfeited to the federal government.
“I hold the view that the prosecution has established its case against the defendants; it did not fall short of the standard required by law in money laundering offences. It is clear upon the facts before this court that the prosecution had this case conclusively investigated before opting to bring this charge against the defendants. In other words, the prosecution did an in-depth and conclusive investigation.
“In totality, I, sincerely, cannot find my way clear in finding these defendants not guilty of the offences charged. Having reviewed all that has been provided by the prosecution in terms of oral and documentary evidence, I am inclined to resolve the singular issue for determination in favour of the prosecution herein,” said the judge in his ruling.
