Alleged N2.9bn fraud: Orji Kalu challenges competence of EFCC’s witness

The scheduled trial of a former governor of Abia State, Orji Kalu, for an alleged fraud of N2.9bn was stalled on Monday as the defence team challenged the competence of the first prosecution witness to testify in the case.

Kalu was re-arraigned on October 31, 2016 by the EFCC on 34 counts of money laundering before Justice Mohammed Idris of the Federal High Court in Lagos.

He was re-arraigned alongside Udeh Udeogu and Slok Nigeria Limited.

They had pleaded not guilty to the charges and Justice Idris allowed them to continue on the bail earlier granted them by Justice Adamu Bello before whom they were first arraigned on April 20, 2008.

Though Justice had fixed Monday for commencement of trial, the proceedings could not make much progress as the defence counsel, Chief Mike Ozekhome (SAN) and Chief Solo Akuma (SAN), raised objection to the competence of the first prosecution witness, Mr. Onovoe Oghenovo, to testify.

Soon as Oghenovo was called into the witness box at the request of the EFCC prosecutor, Mr. Rotimi Jacobs (SAN), Akuma rose and told the judge that though Oghenovo’s name was listed as number 12 among the witnesses that the EFCC intended to call, his statement was not frontloaded.

He contended that allowing Oghenovo to testify while the defence had no idea of what he came to court to say would violate the defendant’s right to fair hearing.

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“The witness is listed; we have gone through the proof of evidence served on us. We do not see the witness’ statement. We want to address Your Lordship on why he (witness) should not be allowed to give evidence.

“By virtue of Section 36 (c) Paragraph B of the 1999 Constitution, service of witness’ statement is a mandatory requirement, a constitutional right and a facility that should be provided to the accused person,” Akuma argued.

He also pointed the judge’s attention to Section 379(1)(a) of the Administration of Criminal Justice Act 2015, which, he argued, made it mandatory for the prosecution to frontload the statement of any witness it intends to call.

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