Justice Mohammed Idris on
Monday slammed a former governor of Abia State, Orji Uzor Kalu, for absenting
himself from the Federal High Court in Lagos for the continuation of his
N7.65bn alleged fraud case.
The judge, in a ruling,
described as “highly irresponsible” the conduct of Uzor Kalu in the case since
July 31, 2018, when his no-case submission was dismissed and he was directed to
open his defence.
Justice Idris recalled that
on July 31 after he dismissed Kalu’s case and directed him to open his defence,
the former governor begged for a six-week adjournment on the claim that he had
a surgery appointment in Germany.
But the judge said on
Monday that he doubted that Kalu had any such surgical appointment as of July
27 when he wrote to the court to seek a six-week adjournment of his trial.
“The letter for the adjournment
of the 31st of July, 2018 was written on the 27th day of July, 2018 and
forwarded to this court on the 31st day of July, 2018. From the email
correspondence of 31st July, 2018 sent at 11.29am GMT by one Ifunanya, it
appears that the said German surgeon was not even available for an appointment
with the 1st defendant, Dr Orji Uzor Kalu, when the letter of 27th July, 2018
was written and when the application for an adjournment was made on the 31st
day of July 2018.
“It appears from the said
email that as at the 31st day of July, an appointment had not yet been made. I
agree with the learned counsel for the prosecution that there is indeed no
letter from the said German surgeon that the 1st defendant, Dr Orji Uzor Kalu,
would require any surgery whatsoever. The entire scenario appears to be
ridiculous.
“The conduct of the 1st
defendant, Dr Orji Uzor Kalu, in the matter since the ruling of this court on
the 31st day of July, 2018, wherein the court dismissed his no-case submission
is highly irresponsible.
“A litigant who
deliberately or carelessly disregards an order of court cannot expect the
discretion of the court to be exercised in his favour. Justice, after all, is
said and done, is for all the parties.
“No one, no matter how
highly placed, can be above the law. Let it be said loud and clear that this
court will apply the law with the full force it requires,” Justice Idris said
in his ruling on Monday.
Earlier when the case was
called, Kalu’s lawyer, Mr Gordy Uche (SAN), had lamented that “we seem to have
a little problem with the 1st defendant.”
Uche said, “The medical
appointment was slated for the 2nd of August, but he couldn’t get a flight to
Germany. Unfortunately, the surgeon went on summer vacation, however, the
appointment is slated for today (Monday).”
Uche urged Justice Idris to
further adjourn the case “to enable him (Kalu) to do his surgery and recover.”
“Only the living can be
tried,” the defence lawyer said.
But opposing the
application for further adjournment, the prosecuting counsel for the Economic
and Financial Crimes Commission, Mr Rotimi Jacobs (SAN), contended that the
former governor had no justification to be absent from the court on Monday.
Jacobs told the judge that
after applying for a six-week adjournment on July 31, Kalu had been about the
country for political activities and even went to the North to receive a
traditional title.
While noting that Justice
Idris had been given September ending deadline to conclude the case, Jacobs
urged the judge to revoke Kalu’s bail for absenting himself from the court on
Monday.
“He (Kalu) cannot, on his
own, extend the medical permission given to him by this court; a person going
about everywhere obtaining chieftaincy title, doing politics in the country;
this (surgical) appointment is contrary to the order of this court.
“Having jumped bail, I
apply that his bail be revoked,” Jacobs said.
The judge, however,
adjourned the case till September 20 and 21, 2018, stressing that Kalu must
make himself available.
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