Oladimeji Ramon
An operative of the Economic and Financial Crimes Commission, Ovie Akpoyibo, on Monday lamented the agency’s inability to locate a former cashier at the Abia State Government House, Michael Udoh.
Akpoyibo, who is attached to the Calabar, Cross River State office of the EFCC, lamented before the Federal High Court in Lagos on Monday that all efforts to track Udoh down and bring him before the court had yielded no result.
The EFCC had listed Udoh as one of the witnesses it lined up to testify against a former governor of Abia State, Orji Kalu, who was charged with an alleged fraud of N2.9bn.
But the anti-graft agency said the former Abia State Government House cashier had been evasive.
Akpoyibo, who himself appeared as a witness in the case on Monday, told Justice Mohammmed Idris that Udoh had absconded.
While being led in evidence by the prosecutor, Mr. Rotimi Jacobs (SAN), Akpoyibo said, “In respect of M. A. Udoh, on January 15, 2018, I was instructed to go to Umuahia to locate his residence and if possible arrest him. When I got to Umuahia, I linked up with the state’s Attorney General and he called the Accountant-General who took me to Udoh’s apartment.
“Operatives gained access to the property the next day. At the place, we met Udoh’s wife and daughter and we were told that the man had travelled to Calabar. I later asked for his phone number but I could not connect with him. I then left my phone number with the wife so that she can call me anytime he is around.”
Akpoyibo said efforts to serve a court summons on Udoh had also failed as he could not be contacted.
Justice Mohammed Idris adjourned till Tuesday for continuation of the trial.
Earlier, the defence lawyers had lamented that the matter was getting protracted, complaining that the prosecutor had just served additional proof of evidence on them.
Kalu’s lawyer, Chief Charles Enwelunta, fumed that just when the defence thought the case was coming to an end, the prosecutor served on them a list of seven additional witnesses.
He said, “The defendants, who are presumed innocent until the contrary is proved, are already having the feeling that they are being punished. Their businesses have suffered and they cannot plan again for anything because of this case. Even, we, as counsel, cannot plan our time for anything again because of this suit.
“At the last adjourned date, the prosecutor gave us an impression that he would close his case today but I just learnt that an additional proof of evidence containing names of seven new witnesses had again been filed by the prosecution. No one has an idea of when the prosecution will close its case in this matter. I urged my lord to intervene in this matter.”
The other defence counsel, Chief Solo Akuma (SAN) and K. C. Nwofor (SAN), aligned themselves with Enwelunta.
But the prosecutor, Jacobs, said the defendants had themselves to blame for the prolonged trial.
Jacobs said, “The case was filed since 2007 and the defendants were challenging jurisdiction till 2015 before the Supreme Court made a final pronouncement on the issue. I cannot be forced to close my case because we need to bring the facts before the court.”
Responding, Justice Idris said the court could not dictate to the prosecution how to handle its case, stressing that the provisions of the Administration of Criminal Justice Act 2015 would be applied.
Kalu is being prosecuted alongside his company, Slok Nigeria Limited; and a former Director of Finance and Account at the Abia State Government House, Mr. Ude Udeogu.
The EFCC, in the charges, alleged that while he was governor of Abia State, Kalu siphoned funds running into over N2.9bn from the state’s treasury.
The ex-governor was accused of diverting state funds into the account of Slok Nigeria Limited, a company, the EFCC claimed was owned by Kalu and his family members.
Kalu was said to have allegedly diverted the funds in tranches of N200m, N50m, N200m, N300.8m, N545m, N429m, N288.4m, N190m, N157m, N152.8m, N100m, N84m and N50m between August 13, 2003 and January 12, 2005.
The offence is said to be contrary to Section 17 (c) of the Money Laundering (Prohibition) Act 2003 and punishable under Section 16 of the same Act.
The EFCC accused Slok Nigeria Limited of conniving with one Emeka Abone, said to be at large, to help Kalu retain the allegedly stolen funds in its accounts, when Slok Nigeria Limited “knew or at least suspected the said Orji Uzor Kalu to have engaged in a criminal conduct.”
The EFCC said the company was liable to punishment under Section 16 of the Money Laundering (Prohibition) Act 2004.
The 2nd defendant, Udeogu, was accused of helping Kalu to pay part of the allegedly stolen funds into the account of Slok Nigeria Limited with the defunct FinBank Plc.
The offence is said to be contrary to Section 427 of the Criminal Code Cap 77, Laws of the Federation of Nigeria, 1990.
The accused persons, however, pleaded not guilty when the charges were read to them.
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source http://punchng.com/our-star-witness-against-orji-kalu-has-disappeared-says-efcc/
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