Hearing in the trial of a former Governor of Abia State, Dr Orji Kalu, for an alleged fraud of N7.65bn was stalled on Monday due to the absence of the ex-governor from court.
Kalu’s lawyer, Prof Awa Kalu (SAN), told Justice Mohammed Idris at the Federal High Court in Lagos that his client was away in Germany for a surgical operation.
He added that the ex-governor had been advised by his doctors to remain in Germany for some time to recuperate.
The defence counsel said the prosecutor for Economic and Financial Crimes Commission, Mr Rotimi Jacobs (SAN), was aware of the development and urged Justice Idris to further adjourn the case.
But Jacobs said he was surprised at Kalu’s absence from court, adding that he did not know if or when the ex-governor obtained the court’s permission to travel out.
Jacobs noted that having submitted his passport to the court as part of his bail conditions, Kalu must always apply to the court for the passport whenever he wished to travel.
Describing the ex-governor’s absence from court as an attempt to frustrate the case, Jacobs urged Justice Idris to interpret Kalu’s absence to mean that he had jumped bail.
“I am not aware when the 1st defendant wanted to travel. We only got to know that the 1st defendant travelled abroad for medical treatment through a statement by his media aide, one Kunle Oyewunmi.
“Things must be done in accordance with the law. In my own view, what happened is that the 1st 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 1st defendant that he has jumped bail,” Jacobs said.
Ruling on the lawyers’ submissions, Justice Idris noted that the court received a mail confirming Kalu’s treatment arrangement, but said the defence counsel failed to attach any medical report to guide the court on Kalu’s post-surgery treatment.
Justice Idris said in the circumstance, he would, in the interest of justice, adjourn the case for the last time, stressing that Kalu must return from Germany within seven days and appear before the court.
The judge ruled, “I have always stated that every citizen of this country is entitled to and has the right to seek medical treatment abroad. 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 for the law and due process.
“Apart from the mail confirming the treatment arrangement of the 1st defendant, the defence counsel should have obtained a medical report on the condition of the 1st defendant post-surgery. This would have properly guided the court in the proceedings of today.”
He added, “In the light of the entirety of this case and in the interest of justice, I am prepared to grant to the 1st 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 1st 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, 2018 for continuation of trial.