The Court of Appeal, Abuja, yesterday dismissed the appeal filed by former Abia State governor, Orji Uzor Kalu, against his prosecution by the Economic and Financial Crimes Commission (EFCC).
In a unanimous judgment, the three-member panel resolved all the grounds of appeal in favour of the respondent and dismissed the appeal for lack of merit.
Kalu is facing a 107-count charge slammed against him and two others- Ude Jones Udeogu and Slok Nigeria Limited by the EFCC.
He is accused of laundering about N5 billion belonging to the state while serving as a governor.
Justice Adamu Bello of the Federal High Court Abuja had ruled that the accused have a case to answer.
Dissatisfied, Kalu and Skok went to the court to challenge the ruling of the court.
They contended that they were arraigned on non-existent law and that the proof of evidence did not disclose a prima facie case against the appellants.
Kalu also challenged the jurisdiction of the court to prosecute him because he had earlier obtained an exparte order from an Abia State High Court which restrained the EFCC from arresting and prosecuting him.
Besides, he argued that the proof of evidence did not disclose prima facie case against him.
Justice Eko Ejembi, in the judgment, discountenanced the claims of the apellants.
He noted that the proof of evidence attached to the 97-count charge preferred against the appellants by the EFCC disclosed a prima facie case against them.
According to him, the facts raised in the proof of evidence established a prima facie case against the appellants. He further said that as far as there is a link which prima facie is all about, the appellants had an obligation to stand trial to defend themselves.
He further ruled that the ex-parte order of May 31, 2007 by Abia State High Court, asking the Federal High Court to stay all proceedings against Orji was a racquet suit aimed at frustrating his arrest and subsequent prosecution.
“That order was an order at large, personal rather than definite. It was an order made as an ex-parte and not at the course of trial.” He described the ex-parte motion as an abuse of court process.
Justice Eko affirmed that the claim of breach of personal freedom by Orji was sentimental in nature. “This claim borders on the realm of conspiracy theory and is politically motivated. Right to personal liberty is not absolute,” the judge stated.
Citing Section 16 and 17 of the Money Laundering and Prohibition Act (MLPA), 2003 and 2004, and the EFCC Establishment Act, the court said it has the jurisdiction to hear the suit.
It added that “EFCC derives its competence to prosecute from section 6 and 7 of its Establishing Act. Equally, the definition of economic crime is quite wide,” the judge said.
Reacting, the prosecution counsel, Rotimi Jacobs, expressed satisfaction with the judgment. He noted that the Appeal Court ruling had vindicated his position that the Abia High Court order was intended to protect Kalu from prosecution and exposed the hollowness of the position of the former Attorney General of the Federation and Minister of Justice, Michael Andoakaa, that the order must be obeyed.
Justices Kayode Bada and Regina Nwodo agreed with the judgment.
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