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Nigeria: Court Grants Kalu Permission to Travel
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Leadership (Abuja)
13 June 2008
Posted to the web 13 June 2008
Gowon Emakpe
Abia
Reprieve came the way of former governor of Abia State, Dr Orji Uzor Kalu, who is standing trial for alleged theft of over N3billion belonging to the state government, as a Federal High Court in Abuja, yesterday granted him permission to travel abroad for medical treatment.
Justice Adamu Bello granted him leave to travel abroad, while delivering ruling on application for the release of Kalu's International passport, for him to visit his family members and seek medical attention.
The presiding judge granted him permission to travel for three weeks beginning from June 16th, but two sureties must sign an undertaking that if he doesn't come back, they will be remanded in prison custody until he comes back or was re-arrested.
He said Kalu had satisfied all conditions that warranted his been allowed to travel abroad for medical attention , and ordered the Deputy Chief Registrar to release his International Passport temporarily for three weeks.
Justice Bello adjourned the matter to 30th July,2008 for hearing, but that should Kalu run into problems with his travel documents, he should come back to the court for extension of the duration of the order.
His sureties, Senator Uche Chukwumerije and Chief Dubem Onyia, should appear in court to sign undertaking that they would be remanded in prison if Kalu Jumps bail.
In the application, Kalu had told the court that he was presently suffering from what he called chronic asthma and that his inability to seek medical attention from his doctors in the United States was affecting his sleeping pattern.
His request was contained in a motion filed by his counsel, Chief Anwa Kalu (SAN), praying the court for a temporal release of his international passport that was deposited in the custody of the court in partial fulfillment of his bail conditions.
The former governor told the court that he was invited by his doctors in the United States for evaluation of his sleeping pattern.
In addition, he also expressed the need to see his family members who were residing in the United States of America .
But the EFCC through its counsel, Mr. Rotimi Jacobs, opposed the motion and urged the court to turn down his request on the grounds that Kalu was not asthmatic as claimed.
He submitted, that assuming without conceding that he was asthmatic, there were a lot of hospitals where he could get treatment even though he did not mention any.
The EFCC further prayed the court to stop Kalu over his request to visit his family members abroad including his wife and children because it (the agency) had already declared some of those he wanted to visit as fugitives.
Besides, it accused Kalu of embarking on delay tactics to frustrate his trial over the 107-count charge of money-laundering, official corruption and stealing amounting to about N3.1billion.
It was on the strength of this position that Kalu had raised alarm alleging that the Economic and Financial Crimes (EFCC) wants him dead by frustrating the release of his travel documents by the court for the purpose of undergoing medical treatment abroad even as his health situation is deteriorating by the day.
He had since pleaded not guilty to the charges and he is also attacking the competence of the criminal information filed against him.
Chief Anwa Kalu (SAN) with Rickey Tarfa (SAN), urged the court to grant the application for the interest of justice and the health of the accused whom he said must be alive to stand his trial.
He drew the attention of the court to the fact that two former governors currently on trial, Chief Lucky Igbinedion of Edo State and Dr. Chimaroke Nnamani of Enugu State respectively, were granted similar applications on same grounds.
In addition, it was his contention that competent and specialised medical doctors authored the medical report and other documents annexed to the application.
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But in opposing the application, Jacobs urged the court to dismiss it on the grounds that Kalu did not place cogent and compelling evidence before the court to warrant the release of his travel documents by the Court.
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