BEN AHANONU
Recently, the Appeals Court in Abuja, gave the Federal Government (FG), approval to challenge the judgement that barred the Economic and Financial Crimes Commission, EFCC, from reopening the trial of former Governor of Abia State, Senator Orji Uzor Kalu.
In two separate rulings by a three-member panel of Justices, the appellate court granted an extension of time to enable the FG file processes to set aside the September 29, 2021, judgement of the Federal High Court in Abuja, which stopped the EFCC from prosecuting the former governor, who is currently representing Abia North in the Senate.
Senator Kalu, who was the Governor of Abia State from 1999 to 2007, was earlier convicted and handed a 12-year jail sentence by the Lagos Division of the Federal High Court.
The trial court convicted him alongside his firm, Slok Nigeria Limited and a former Director of Finance in the state, Mr. Jones Udeogu, over an allegation that they stole about N7.1billion from the Abia State treasury.
However, following an appeal that was lodged by Udeogu, the Supreme Court overturned his conviction.
Based on the judgement in favour of Udeogu, Kalu, who was already serving his jail term, through his lawyer, Prof. Awa Kalu, SAN, applied to be released from the Kuje correctional centre.
Shortly after the former governor was released from prison, the EFCC moved to re-arraign him and his co-defendant.
Much as the Federal Government has the right to seek a retrial, I am also of the view that other options can be explored in the efforts to ensure that justice is served.
No doubt, Senator Orji Uzor Kalu is a notable public figure in Nigeria and has no record of jumping bail or running away from justice. He was obediently serving his prison sentence until the stroke of providence that enabled his release.
If he is retried and sentenced to another jail term, his constituents will lose their representation in the Senate and the federal government should avoid making it seem as if it is encouraging such aberration.
Equally, allowing the EFCC to commence his trial de-novo or afresh on the charge and same facts upon which he was earlier convicted and sentenced would occasion him “double jeopardy.”
While I am not supporting any kind of abuse of office and corruption by elected and non- elected public officials, but it is also true that justice is not heartless and can still have a humane face in the form of leniency.
Senator Orji Uzor Kalu, has shown deep remorse for his actions, remained faithful to serving his prison sentence and never used his privileged position to obstruct the course of justice.
Therefore, the option of “plea bargain” can be utilized as in the case of Mrs Ibru of defunct Oceanic Bank vs the EFCC and Lucky Igbinedion vs EFCC if the goal is to recover stolen and laundered public money.
The plea bargain agreement is based on Section 17 of the Federal High Court Act, which encourages reconciliation among parties to facilitate amicable settlements in civil and criminal cases.
It also behoves the authorities to ensure that what will be recovered in the process would not be stolen again by some selfish, greedy and corrupt officials.
For the fact that Senator Kalu has already served part of the 12 – year prison sentence, the remaining can be made to run concurrently vis-a-vis the reduced counts as he refunds the money in question either by forfeiting assets or shares in companies.
As you may recall, In 2010, Cecilia Ibru, the former Managing Director of Oceanic Bank Plc, entered a plea bargain with the EFCC, agreeing to forfeit assets worth N191.4 billion in exchange for reduced imprisonment term of six months for each of three counts, running concurrently.
Ibru was initially charged with seventy counts of corruption on a massive scale. She forfeited 94 choice properties in the United States, Dubai and Nigeria coupled with shares in 100 companies.
Hopefully, other elected and non-elected public office holders should learn from the disgraceful and unpleasant experience of Senator Orji Uzor Kalu and avoid corrupt practices, abuse of office and misuse of public funds because the consequences will be grave.
I truly commend and support every genuine step to stamp out corruption in the country, which is necessary for sustainable socio-economic development; however, the anti-corruption fight should not be selective and the Federal Government should be impartial and unambiguous in the efforts to rid the country of corruption.
For instance, to what extent has the EFCC been able to pursue the alleged N110.4 billion fraud case filed by the anti-graft agency against the former Governor of Kogi State, Yahaya Bello, who is currently working hard to recall and replace embattled Senator Natasha Akpoti Uduaghan, using fictitious and non-existent names as constituents? It seems the EFCC has got a cold feet about his case while eager to push the matter of Orji Uzor Kalu.
Let me add that Senator Orji Uzor Kalu is a good man, kind and humble. He is large-hearted and does not look down on anyone. He has helped so many Nigerians and still contributing to the development of the country as a senator. When he was governor, he brought sporting glory to Nigeria by driving Enyimba Football Club of Aba to two African Champions League back-to-back wins – a great historic feat that no other football club in Nigeria has been able to replicate to date. Orji Kalu also revolutionized newspapering in Nigeria with the introduction of the internationally recognized and Nigeria’s widely read and celebrated newspaper – The Sun, which employed many Nigerians once upon a time, including Femi Adesina, who later served as the Special Adviser, Media and Publicity to the former president of Nigeria, Muhammadu Buhari.
I am confident that Senator Orji Uzor Kalu will be set free permanently because he has genuinely and demonstrably turned over a new leaf.
Prince Ben AHANONU, is a public policy analyst and can be reached via: benahanonu@gmail.com
