The Economic and Financial Crimes commission on Thursday asked a federal high court in Abuja to transfer the fresh trial of former Abia state governor Orji Kalu and two others in an alleged 7.1 billion naira fraud to its Lagos division.
The application seeking the transfer was brought pursuant to sections 18, 19, 22 and 45 of the federal high court act 2010 and section 93 of the administration of criminal justice act, 2015.
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The EFCC lawyer , Oluwaleke Atolagbe in the application said it is predicated on 5 grounds among which is that the Abuja division of the federal high court lacked the requisite territorial Jurisdiction to entertain the instant charge.
The charge was preferred against Orji Uzor Kalu, Slok Nigeria Limited and Ude Jones Udeogu at the federal high court Abuja sometime in November 2007 by the EFCC, following investigation by the commission.
The motion further indicated that after taking their plea, the defendant brought application challenging the competence of the charge and contending that there was no prima facie case against them.
Justice Binta Nyako who was hearing the matter was transferred out of Abuja, Prompting the trial to start de novo.
Following the decision of the Supreme Court that many of the ingredients of the offenses against them occurred in Lagos and even most of the witnesses who are bank workers reside in Lagos, the EFCC applied to the chief Judge of the federal high court to transfer the matter to Lagos.
When the matter came up on Thursday, justice Inyang Ekwo said that he would not be able to take the application in view of the approaching Easter holidays.
The judge consequently fixed May 17,2022 for determination of the application.
Editor: Ena Agbanoma