Justice Muhammed Idris on
Thursday sentenced a former Abia State governor, Orji Kalu, to 12 years in
prison for stealing public funds while in office.
Mr Kalu, a serving senator, was
jailed alongside Udeh Udeogu, his Director of Finance and Accounts at the Abia
State Government House during Mr Kalu’s tenure. Mr Udeogu was sentenced to 10
years in prison.
A third defendant, Mr Kalu’s
company, Slok Nigeria Limited, was ordered to be wound up and its assets
forfeited to the Nigerian government.
Mr Kalu’s prosecution started 12
years ago, in 2007 after he left office as governor.
The defendants were eventually
faced with an amended 39-count charge for conspiring and diverting N7.65
billion from the coffers of the state.
The defendants pleaded not guilty
to the charges brought against them by the EFCC, thereby leading to their full
trial.
The Judgement
Delivering his judgment today,
Justice Idris found the defendants guilty on all counts.
Mr Idris held that the
prosecution had established its case against the defendants.
The judge further held that “the
case was conclusively investigated, as the prosecution conducted thorough
investigations.
“No gaps were left unfilled; this
is the acceptable practice.
“The first defendant failed in
his obligations under the law.
“He acted contrary to his codes
of conduct and will be dealt with accordingly.
“No evil deed will go unpunished.
“The offences are anti-human; it
is condemned worldwide because it is a crime against humanity.”
Mr Kalu was convicted on 28 out
of the 39 counts he was charged. On each of counts 1-11 and 39, he was sentenced
to five years in prison; on each of counts 23-33, he was sentenced to three
years; and on each of counts 34-38, he was sentenced to 12 years.
According to the judge, the
sentences would run concurrently, meaning that Mr Kalu will spend 12 years in
prison.
The judge said the EFCC proved
its case beyond reasonable doubt.
“I, sincerely, cannot find my way
clear in finding these defendants not guilty of the offences charged,” he said.
“I hold the view that the
prosecution has established its case against the defendants; it did not fall
short of the standard required by law in money laundering offences.
It is clear upon the facts before
this court that the prosecution had this case conclusively investigated before
opting to bring this charge against the defendants. In other words, the
prosecution did an in-depth and conclusive investigation.
“In totality, I, sincerely,
cannot find my way clear in finding these defendants not guilty of the offences
charged.
“Having reviewed all that has
been provided by the prosecution in terms of oral and documentary evidence, I
am inclined to resolve the singular issue for determination in favour of the
prosecution herein.”
The judge said from the evidence
before him, Mr Kalu violated his oath of office as governor.
“With due respect, I hold the
view that the first defendant has failed in his obligation; it is
unacceptable,” Mr Idris said.
“With due respect, I state that
the first defendant acted contrary to his oath of office and he shall
accordingly be held responsible for his actions. All of those who have aided
and abetted him will also be dealt with.
“Let me remind those who hold
positions of authority in this country that they shall be held responsible for
their conducts. When they act contrary to the law, the same law will catch up
with them. I will like to borrow a leaf from the words of the late Dele Giwa,
who stated that, ‘No evil deed will go unpunished; any evil done by man to man
will be redressed, if not now, certainly later. If not by man, then by God, for
the victory of evil over good is temporary’.
“It is in this light and
circumstances that I again find the defendants guilty.”
The judge described money
laundering as “a grave offence and crime against humanity.”
“Money laundering offences are
anti-human and among the most dangerous. It is condemned worldwide because it
is a crime against humanity.
“The defendants are, no doubt,
first-time offenders and for this reason and keeping with the spirit of the
ACJA, the court will temper justice with mercy but only in accordance with the
dictates of the law.”
For Mr Udeogu, Justice Idris
found him guilty of 11 out of the 16 counts in which his name featured. On each
of counts 23-25 and 27-32, Mr Udeogu was sentenced to three years in prison; on
each of counts 34-38, he was sentenced to 10 years; while count 39 got him five
years.
The sentences would also run
concurrently, meaning that Mr Udeogu will spend 10 years in jail.
In respect of Slok Nigeria
Limited, Justice Idris pronounced, “An order is hereby made that the third
convict shall without further assurances but from this order be wound up and
all the assets and properties forfeited.”
In his statement to the court
before sentencing, the counsel to Mr Kalu said his client “is a first-time
offender and has no criminal record.
“He has thousands of employees
depending on him for survival.
“He also has health issues.
“We, therefore, want the court to
take this into consideration in giving out the sentence.”
Counsel to the second convict
also asked the court to temper justice with mercy, saying his client “has no
criminal record.”
“He was a public servant who
diligently served Abia State.
“He acted in the moment of indiscretion
and this should not be the only basis to adjudge his career.”
In his response, the prosecution
counsel, Mr Jacobs, said: “Though there is no record to show any criminal
records involving the defendants, the court has sent a message to the world not
to allow their personal interests to conflict with the interests of Nigerians,
because no matter how long it takes, they will not escape the wrath of the law.
“This case started in 2007 and
the convicts filed series of applications to stall this case.
“For 12 years, the people of Abia
have waited for this day and it is here, when they can reclaim all that was
taken from them.”
Mr Jacobs also urged the court to
wind up the company as provided by the Law and all its assets forfeited to the
federal government.
Justice Idris further held that
Mr Kalu’s company, Slok Nigeria Limited, the third defendant, be wounded up and
all assets forfeited to the federal government.
The defendants were taken to
prison from the court. They will remain in prison unless they appeal the
judgement and win at the appeal or supreme court.
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