Arguments on the motions for no case submissions filed by a former Abia State Governor, Dr. Orji Uzor Kalu and two others against an alleged N3.2 billion fraud charge slammed on them by the Economic and Financial Crimes Commission (EFCC) will be entertained next week Wednesday at the Federal High Court, Lagos.
Kalu and his co-accused had through their lawyers filed the motions upon the conclusion of the prosecution’s case. They were praying the court to discharge and acquit them of all the counts contained in the charge because no prima facie case has been established against them.
Particularly, in his motion, the former governor argued that the entirety of the evidence of the prosecution witnesses not only woefully bears no relationship with the charge but also failed to establish any linkage or nexus with him.
Contrary to the prosecution’s claims, Dr. Kalu maintained that there was no evidence whatsoever or facts leading to any reasonable inference that he in any manner whatsoever ‘procured’ by initiating a proceeding to cause a thing to be done, instigated, contrived, bring about, effect or cause the third defendant (Slok Nig. Ltd) to retain any monies whatsoever in its account from the treasury of Abia State Government.
It was disclosed that, “The prosecution throughout the length and breadth of its case, never led any evidence of any board resolution of the third defendant company to accept any fund whatsoever from the first defendant (Dr. Kalu).
“The prosecution also failed to show any instruction whatsoever from the first defendant to the second defendant (Udeh Jones Udeogu) to receive any fund from the treasury of Abia state and no evidence was led to show any instruction or authorization from the first defendant to the second defendant to pay any funds whatsoever to the account of the third defendant.
“The feeble and indeed futile attempt by the prosecution to show that the first defendant remained as the chairman of the third defendant even after assuming office as the Executive Governor of Abia State was clearly and manifestly discredited under cross-examination as the first defendant was shown to have resigned his membership of the third defendant since 1999”.
At yesterday’s proceedings, the presiding judge, Justice Mohammed Idris, okayed the second amendment charge filed by the EFCC.
The defendants were consequently re-arraigned on a 39-count charge of alleged fraud. They however denied all the counts.
Afterwards, the defence lawyers pleaded with the court to allow their clients continue on the existing bail earlier granted them by the court. Justice Idris granted the request.