The former
governor of Abia State, Orji Kalu, travelled abroad for medical treatment
despite submitting his travel documents with a federal court, the Economic and
Financial Crimes Commission said Monday.
Rotimi
Jacobs, counsel to the anti-graft agency, told a federal judge that they were
not aware when Mr Kalu obtained a permission from the court for his travel.
The trial
of the former governor, who is accused of ₦7.65 billion fraud allegedly
committed while in office, at the Lagos Division of the Federal High Court was
stalled on Monday due to his absence.
Mr Jacobs,
a Senior Advocate of Nigeria, said the defendant’s absence is an attempt to
frustrate the trial, adding that his inability to appear in court means he had
jumped bail.
“I am not
aware when the first defendant wanted to travel,” Mr Jacobs said.
“We only
got to know that the first defendant travelled abroad for medical treatment
through his media aide, one Kunle Oyewunmi.
“Things
must be done in accordance with the law. In my own view, what happened is that
the first defendant has jumped bail. This is an attempt to further frustrate
this trial because no application was made to the court to travel.
“I urge
Your Lordship to treat the absence of the first defendant as that he has jumped
bail.”
Earlier,
Mr Kalu’s lawyer, Awa Kalu, told the judge his client had travelled to Germany
for a surgical operation, adding that he had been advised to remain abroad to
recuperate.
Responding
to Mr Jacobs’ arguments, Mr Kalu, a professor of Law, said his client travelled
abroad after the court had adjourned the trial indefinitely.
Ruling on the matter, Mohammed
Idris, the judge noted that although the matter was adjourned indefinitely on
September 27, the prosecution served Mr Kalu a notice of the hearing on
November 2.
The judge
also noted that the court received a mail confirming Mr Kalu’s treatment
arrangement but added that the defence counsel failed to attach any medical
report to guide the court as to the former governor’s post-surgery treatment.
The judge
said in the interest of justice, he would adjourn the case for the last time,
stressing that Mr Kalu must return from Germany within seven days and appear
before the court.
“I have
always stated that every citizen of this country is entitled to and has the
right to seek medical treatment abroad,” Mr Idris said.
“This
right is guaranteed by the constitution, the African Charter on Human and
Peoples Rights, the International Covenant of Civil and Political Rights and
the Universal Declaration of Human Rights. It is an inalienable right.
“However,
this right has exceptions; therefore, in exercising this right due regard must
be had for the law and due process.
“Apart
from the mail confirming the treatment arrangement of the first defendant, the
defence counsel should have obtained a medical report on the condition of the
first defendant post-surgery. This would have properly guided the court in the
proceedings of today.
“However,
in the light of the entirety of this case and in the interest of justice, I am
prepared to grant to the first defendant a final adjournment in respect of this
matter.
“In the
light of the provisions of the ACJA, I shall not adjourn for more than seven
days from today. It is, therefore, hereby directed that the first defendant
shall return to the country within seven days from today’s date for the hearing
of this matter.”
The matter
was adjourned till November 12 for continuation of trial.
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