EFCC marks Kalu’s properties – Independent Observers

EFCC marks Kalu’s properties

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By Andy Chukwu

The Economic and Financial Crimes Commission (EFCC) has marked some properties belonging to former Abia State Governor, Orji Uzor Kalu.

EFCC stated that the marking is to ensure that the properties are not dissipated, following the December 5, 2019 order of Justice Muhammed Idris sitting at the Federal High Court in Ikoyi, Lagos, that Kalu’s company, Slok Nigeria Limited, be wound up and all assets forfeited to the Federal Government of Nigeria.

However, in its reaction dated December 15, 2019, the Management of The Sun Publishing Limited, publishers of Sun newspaper, called on the Attorney General of the Federation (AGF) and Minister of Justice to advise EFCC on the legal consequences of its action, pointing out that the matter is on appeal at the Supreme Court.

“Three officials of the Economic and Financial Crimes Commission (EFCC) with four heavily armed policemen on Saturday, December 15, 2019 at about 10.00 am arrived the corporate headquarters of The Sun Publishing Limited at 2, Coscharis Street, Kirikiri Industrial Layout, Apapa, Lagos and put up a notice for staff and the general public to keep off the premises.

“The EFCC officials, who came in a white Toyota bus with registration number, ABUJA BWR-644GA, wrote on The Sun’s fence, “EFCC, keep off.”  They also advised our staff to collect their personal belongings from the office as they will come back to seal the premises completely.

“We do not understand the legal basis for this EFCC action. It is on record that there is a pending appeal at the Supreme Court with Suit No: SC/546/2018 wherein The Sun Publishing Limited  appealed  against the Judgement delivered by the Court of Appeal on the interim forfeiture order made against it by a Federal High Court in 2007 based on ex-parte proceeding. The Notice of Appeal and Motion for Stay of Execution were duly served on EFCC by the bailiffs of the Court.

“It is also pertinent to state that EFCC vide a letter written by Counsel to The Sun Publishing Limited, dated 22nd May, 2018 and duly received by one Caleb Peter on behalf of Rotimi Jacobs & Co. was further put on notice of the pending appeal at the Supreme Court and advised to stay action in the matter pending the hearing of the Motion for Stay of execution and the appeal.

“Again,  it is instructive to state that The Sun Publishing Limited was not a party to the case of EFCC vs. Orji Uzor Kalu & 2 Others, so we do not see why the Judgment in that case should lead to attempt to seal The Sun Publishing Limited premises.

“Furthermore, we are aware that both Senator Orji Uzor Kalu and Slok Nig Limited have since appealed the Judgment delivered by Justice Mohammed Idris and a hearing date given.

“We wish to reiterate that The Sun Publishing Limited is an ongoing corporate limited liability company and its shares are owned by various individuals distinct from Senator Orji Uzor Kalu. Therefore, the recent Judgment against Senator Orji Uzor Kalu should not be used to disturb the operations of the company and the proprietary rights of its innocent shareholders until the matters are dispensed with at the  Supreme Court.

“In view of the foregoing, we call and appeal to the Attorney General of the Federation and the Minister of Justice to urgently intervene and advise EFCC appropriately on the legal consequences of its actions.”

 Kalu, who is the Senator representing Abia North in the National Assembly, had been arraigned alongside his company, Slok Nigeria Limited and Udeh Udeogu, his Director of Finance and Accounts at the Abia State Government House, over an amended 39-count charge bordering on conspiring and diverting the sum of N7.65bn from the coffers of the state.

The defendants pleaded not guilty to the charge preferred against them by the EFCC, thereby leading to their full trial.

Delivering judgment however, Justice Idris found the defendants guilty on all counts, sentencing Kalu to 12 years in prison.

Justice Idris further held that “In respect of the third convict, Slok Nigeria Limited, an order is hereby made that the company shall hereupon and without further assurances, but for this order, be wound up and all its assets and properties forfeited to the Federal Government of Nigeria.”

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