Convicted thief, SINator Orji Kalu. |
Former
Governor of Abia State and senator representing Abia North, Orji Uzor Kalu has
filed application for bail pending his appeal against his jail sentence.
The
Federal High Court in Ikoyi, Lagos had on December 5, 2019 jailed Kalu for 12
years after finding him guilty of N7.56 billion fraud, with his company, Slok
Nigeria Ltd, which he used to defraud the state, forfeited to the Federal
Government of Nigeria.
The
presiding Judge, Mohammed Idris described money laundering offence as a crime
against humanity, but Kalu’s counsel, Lateef Fagbemi (SAN), while arguing
the bail application drew the attention of the court to the notice of appeal
filed by the former Governor to challenge his conviction by the court, telling
the court that the grounds upon which the appeal was filed were substantial and
very arguable.
He
argued that Section 6 of the Constitution empowered the court to hear the
motion, saying it was not different from the regular motions for stay of
proceedings or injunctions”For now, this is the only court with jurisdiction to
entertain this application. There is no limit to the jurisdiction of a
court of record like the Federal High Court to grant a motion like this.
“It
is not the law that if someone is convicted, he cannot have reprieve. If the
court has power to convict, it must also have power to grant a reprieve pending
appeal,” Fagbemi said.
In
his response, EFCC’s lawyer, Rotimi Oyedepo, while opposing Kalu’s application contended
that the court indeed had the power to grant bail after conviction but faulted
claims by Kalu’s lawyer as to the need for the court to grant motion because a
substantial and arguable appeal has been lodged against the conviction.
According
to him, the issue of a substantial appeal was one that could only be decided by
the Appeal Court and as such it should not be a basis for the granting of the
application, noting that bail generally “is a right of an accused as guaranteed
by the Constitution based on his presumption of innocence, but not granted
to a convict because the presumption of innocence is no longer there.”
Oyedepo
also faulted the medical reports attached to the motion by Kalu’s lawyer,
saying they were obtained by him more than a year ago.
After
listening to the submissions of the two parties, Justice Mohammed Liman
adjourned till December 23, 2019 for ruling.
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