Justice Mohammed Idris of the Federal High Court in Lagos yesterday dismissed two applications seeking to stall further hearing in the on going trial of former governor of Abia State, Dr. Orji Uzor Kalu, who is being tried for N7.6 billion fraud by the Economic and Financial Crimes Commission (EFCC).
Justice Idris declined to stay further proceedings in the matter on the ground that the applications are in conflict with the law.
In the applications separately filed by Kalu’s co-accused, Udeh Jones Udeogu and Slok Nigeria Limited, through their lawyers, Chief Solo Akuma (SAN) and K. C. Nwofor (SAN) prayed the court to stay further proceedings in the matter pending the hearing and determination of separate motions they filed at the Lagos and Abuja Divisions of the Court of Appeal.
While arguing the application, Udeogu’s lawyer, Akuma drew the court’s attention to a motion he filed at the Abuja Division of the Court of Appeal challenging the transfer of the case to the Lagos Division of the Federal High Court.
The lawyer stated that appellants’ briefs had already been filed in the matter which has been entered and marked as; CA/A/870/2017.
He maintained that he has also lodged an appeal against the dismissal of his client’s no case submission at the Lagos Division of the Court of Appeal.
“Records have also been compiled in the appeal and it has also been transmitted on 13th August. There is also an application for stay of proceedings in the same appeal. Hearing of the appeal has been fixed for October 4”, Akuma said.
While urging the lower court to stay further proceedings in the matter, the lawyer argued that going ahead with its hearing will pre-judge the application at the Appellate Court.
On his part, Slok’s lawyer, Nwofor, also sought for a stay of further proceedings in the matter pending the hearing and final determination of the appeal lodged by his client against the dismissal of his no case submission. He added that the grounds of appeal also questioned the jurisdiction of the lower court to continue with the hearing of the matter following the elevation of Justice Idris to Court of Appeal. “The Order 4 Rules 10 and 11 of the Court of Appeal Rules has a constitutionally flavour that is superior to the provisions of Section 396 (7) of the Administration of Criminal Justice Act (ACJA) 2015 which permits my lord to sit as an High Court judge”, he said. Opposing the applications, counsel to the EFCC, Rotimi Jacobs (SAN) said, “The points raised by the two defence lawyers were no longer live issues as they have been overtaken by the advent of ACJA.
“Section 306 of ACJA frowns at any application for stay of proceedings in criminal matters. We urge the court to refuse the application for stay of proceedings as it is no longer permissible under the law”, he said.
In a short ruling, Justice Idris declined to stay further proceedings in the matter saying it is in conflict with the law.
He said, “The application is in conflict with the law. Trial is being conducted under the ACJA which requires day-to-day proceedings.
“Learned counsels can proceed to the Appellate Court for the hearing of the application for stay and I will be bound by whatever is the outcome”.
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