The Economic and Financial Crimes Commission, EFCC, Tuesday,
explained why it opposed a post-conviction bail application filed by a
convicted former governor of Abia State, Orji Uzor Kalu.
It was also learnt that the bail application was brought
before Justice Muhammed Liman of the Federal High Court sitting in Ikoyi,
Lagos.
Kalu was convicted and sentenced to
12 years imprisonment for N7.65bn fraud by Justice Muhammed Idris of the
Federal High Court, Ikoyi, Lagos on December 5.
EFCC spokesman, Wilson Uwujaren said this in a statement in
Abuja
“Kalu, in the 34-paragraph further affidavit with one
exhibit attached, also argued that the offences for which he was convicted and
jailed were bailable.
“He, therefore, prayed the court to free him, while he
challenges his conviction at the Court of Appeal”.
However, Rotimi Jacobs, SAN, counsel to the respondent,
EFCC, opposed the application for post-conviction bail, saying, “Although bail
is generally a right of an accused as guaranteed by the Constitution, it is not
a right available to a convict because the presumption of innocence had
crystallized into guilt and conviction.
“An application for bail pending appeal is sparingly
granted.”
Jacobs further stated that such a bail could be granted in a
situation, where the term of imprisonment would have elapsed before the
determination of the appeal.
“But that is not the situation in Kalu’s case,” he further
said.
According to Jacobs, the medical report tendered in the case
was obtained over a year ago.
“There is no recent medical report to show his state of
health.”
Also, Jacobs reportedly argued that the request to be
released on bail so as to seek traditional medicine is not tenable, as visitors
are allowed into the Custodial Centre.
Jacobs, who said the medical facilities at the Ikoyi
Custodial Centre are capable of handling Kalu’s condition, also told the court
that “In one breath, the applicant is saying that he wants to be released on
health grounds; while in another breath, he is saying that as a Senator, he
needs to be released on bail so as to carry out his official functions.”
In his ruling, Justice Liman adjourned the case to December
23, for ruling on the application.
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