The festering institutional stand-off between the Office of the Attorney-General of the Federation and the Economic and Financial Crimes Commission (EFCC) over the modality for the prosecution of former Governor of Abia State, Chief Orji Kalu, appears to have been resolved.
Counsel from both offices (EFCC and AGF) teamed up at the Federal High Court, Abuja to engage Kalu's lawyers in legal fireworks on the competence or otherwise of the pending criminal charges preferred against him by EFCC.
But Kalu, who was all smiles, said he was not bothered by the development. He even took out time to exchange greetings with sympathisers who thronged the court. He drove himself to and from the court.
Kalu was charged by the EFCC over two months ago on a 107-count charge of money laundering, official corruption and criminal diversion of public funds totalling N3.1 billion.
He had pleaded not guilty to the charge and challenged the competence of the criminal information filed against him against the background that an Abia State High Court sitting in Umuahia had issued an order restraining the anti-graft agency from arresting, detaining or prosecuting him pending the determination of a substantive suit before the state high court.
He contended that even if that court order stopping his prosecution was recklessly granted, it remained an order of the court until set aside.
He petitioned President Yar'Adua whose administration preaches the rule of law, drawing his attention to the alleged illegality being perpetrated by the EFCC.
He also filed an application before the court, asking that the entire criminal information filed against him be struck out, the entire proceedings earlier conducted in the case being a nullity.
The application specifically requested the following reliefs:
•An order striking out Charge No: FHC\ABJ\CR\56\07–FRN Vs Orji Uzor Kalu, having regard to all the circumstances;
•An order discharging the accused\applicant upon such terms or conditions having regard to the circumstances;
•An order vacating the terms and conditions for bail previously prescribed for the release of the accused \applicant; and
•For such further or other orders as this honourable court may deem fit to make in the circumstances.
Hearing summons was served on the Attorney-General of the Federation to appear in respect of the case.
The application which was filed on August 29, 2007 was taken by Justice Babs Kuewumi. The application had, as exhibit, the letter of protest written by Kalu to President Yar'Adua alleging that EFCC was undermining the rule of law which was the pillar of his (Yar'Adua's) administration.
The letter had sparked off a row between the Office of the Attorney-General of the Federation and that of the EFCC with the former taking over the case-file from the latter.
AG, EFCC mend fences
The announcement of appearances in court yesterday, however, signposted the fact that both offices had closed ranks and had agreed to work together in the interest of the country.
Director of Public Prosecution of the Federation, Mr Salihu Aliyu, led the Federal Government's team of lawyers.
Other lawyers Aliyu announced as representing the Federal Government alongside himself were the Deputy Director of Public Prosecution of the Federation, Mr R Chenge; the lead counsel to the Economic and Financial Crimes Commission, Mr Rotimi Jacobs; one C P Azu and Mr A K Aliyu.
The DPP, however, sought the permission of the trial judge to allow Mr Jacobs conduct the proceedings on behalf of the Federal Government. He did not give reasons for the action.
Prof Awa Kalu (SAN) led 16 other lawyers to represent Kalu.
Although the business of the day before Justice Binta Nyako, going by her record, was commencement of full blown trial in the matter, she said Kalu's application seeking to strike out the criminal charge against him would be decided first.
The outcome of the application would determine whether or not Kalu should walk home free and be relieved of the burden of trial or still answer to the charges preferred against him by the EFCC.
She, however, agreed with the suggestion by Jacobs that the matter be adjourned to a later date to enable him react to the application.
Lead counsel to Kalu who said he was not objecting to any adjournment so far it was at the court's convenience also suggested that written briefs could be submitted to the court on the issue of competence of the charge. He said written submission would be better in view of the fact that the court was always overcrowded anytime the case came up.
Mr. Jacobs who agreed with Prof Kalu, however, blamed the overcrowding of the court on the defence. He added that the prosecution had seen the application by the accused person and had taken steps on the issue of the order granted by an Umuahia High Court stopping Kalu's trial.
He said he would want to intimate the court of the steps taken vide an affidavit, even as he requested for at least seven days to do so by way of a counter-affidavit to the one filed by Kalu.
The court asked Prof Kalu how long it would take him to file his written address on the issue to which he said seven days from the receipt of the counter-affidavit.
Jacobs who consulted with the Director of Public Prosecution (DPP), Mr Salihu Aliyu, told the court that he would file the prosecution's reply 14 days after the receipt of the accused's brief.
Justice Nyako consequently granted all the prayers and directed Prof Kalu to file his reply on points of law, if he had any to the reply by the prosecution within three days.
Hearing on the application was adjourned to November 28 this year.
By Ise-Oluwa Ige, Abuja
Vanguard
Wednesday, October 10, 2007
