The Economic and Financial Crimes Commission had, in 2007, preferred the charges against Kalu along with Jones Udeogo, and the ex-governor’s company, Slok Nigeria Limited.
A lawyer, Mr. Oluwaleke Atolagbe, who appeared for the lead prosecuting counsel, Mr. Rotimi Jacobs (SAN), on Monday, informed the trial judge, Justice Anwuli Chikere, that the charges against the accused persons had been amended.
The charges, formerly 112 counts involving alleged diversion of N5.6bn belonging to Abia State, were amended to 34 counts, in which the cumulative sum of N3.2bn was allegedly diverted by the accused persons from the Abia State Government’s treasury.
The accused persons allegedly diverted the funds while Kalu was the governor of Abia State.
The trial judge, Justice Chikere, had fixed Monday for re-arraignment following the judgment of the Supreme Court delivered on March 18, 2016, dismissing Kalu’s and Udeogo’s separate appeals, challenging the validity of the charges preferred against them.
The Monday’s proceedings scheduled for the re-arraignment of the accused persons could however not proceed after the counsel for Udeogo and Slok Nigeria Limited, Mr. Solomon Akuna (SAN), informed the court that there was a pending third appeal with respect to the case which had yet to be heard and determined by the apex court.
Akuna said, “On April 11, 2016, the counsel for the prosecution submitted two judgments of the Supreme Court and gave the impression that all the appeals at the Supreme Court had been determined.
“There is a third pending appeal by the third defendant (Slok Nigeria Limited).
“There were three appeals. The appeal by the first defendant, SC.215/2012, has been determined. The second appeal, SC.264/2012, and the third appeal, SC.264A/2012, by the 3rd defendant is still pending.
“As of today, briefs have been filed and exchanged by the parties to the knowledge of the counsel for the prosecution.
“It is our submission that the commencement of hearing today will prejudice the appeal by the third defendant.”
Akuna said he had applied to the Chief Justice of Nigeria, Justice Mahmud Mohammed, and the Director, Legal Litigation of the Supreme Court, to give a hearing date for the appeal.
Counsel for the prosecution, Atolagbe, confirmed that there was a pending appeal, but urged the judge to fix the case for arraignment.
He said the issues in the third appeal had been substantially determined in the two cases already decided by the Supreme Court.
He also opposed an adjournment till October as requested by Akuna, who represented Slok and the second accused, Udeogu.
Kalu’s lawyer, Awa Kalu (SAN), did not oppose the adjournment.
Justice Chikere then adjourned till June 30 for a report on the development in the appeal before the Supreme Court.
In the amended charges, the defendants were accused of diverting a total sum of N3.2bn between February 3, 2003 and September 2, 2005.
In counts 1 to 20, Kalu and his company, Slok Nigeria Limited, were accused of diverting part of the funds from the Abia State’s accounts with Standard Trust Bank (now United Bank for Africa), Citizens Bank (later Spring Bank), and Manny Bank (now Fidelity Bank), using Slok’s account with First Inland Bank Plc.
Parts of the funds were said to have been “converted” into various bank drafts “before they were subsequently paid into the said company’s account.”
In counts 11 to 21, in which Slok and Udeogu allegedly diverted the funds from Abia State’s treasury on Kalu’s behalf, the accused were said to have engaged in criminal conduct punishable under Section 16 of the Money Laundering (Prohibition) Act, 2003.
The second defendant, Mr. Udeh Udeogu, is involved in Counts 21 to 34.
In counts 21 to 29, Kalu, Udeogu and Slok were said to have conspired to conceal the genuine origin of the diverted funds, an offence said to be punishable under Section 14 (1) (b) of the Money Laundering (Prohibition), Act, 2003.
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