The Economic and Financial Crimes Commission, EFCC, on Tuesday, opposed
\na post-conviction bail application filed by a convicted former governor
\nof Abia State, Orji Uzor Kalu, before Justice Muhammed Liman of the
\nFederal High Court sitting in Ikoyi, Lagos.<\/p>\n
Kalu was convicted and sentenced to 12 years imprisonment for N7.65bn
\nfraud by Justice Muhammed Idris of the Federal High Court, Ikoyi, Lagos
\non December 5, 2019.<\/p>\n
In the application, Kalu, through his lawyer, Lateef Fagbemi, SAN,
\nclaimed that he had health challenges that could not be managed by the
\nmedical facilities in the Custodial Centre in Ikoyi, Lagos.<\/p>\n
Kalu, in the 34-paragraph further affidavit with one exhibit attached,
\nalso argued that the offences for which he was convicted and jailed were
\nbailable.<\/p>\n
He, therefore, prayed the court to free him, while he challenges his
\nconviction at the Court of Appeal.<\/p>\n
However, Rotimi Jacobs, SAN, counsel to the respondent, EFCC, opposed
\nthe application for post-conviction bail, saying, “Although bail is
\ngenerally a right of an accused as guaranteed by the Constitution, it is
\nnot a right available to a convict because the presumption of innocence
\nhad crystallized into guilt and conviction.<\/p>\n
“An application for bail pending appeal is sparingly granted.”<\/p>\n
Jacobs further stated that such a bail could be granted in a situation,
\nwhere the term of imprisonment would have elapsed before the
\ndetermination of the appeal.<\/p>\n
“But that is not the situation in Kalu’s case,” he further said.<\/p>\n
According to Jacobs, the medical report tendered in the case was
\nobtained over a year ago.<\/p>\n
“There is no recent medical report to show his state of health,” Jacobs
\nadded.<\/p>\n
Jacobs also argued that the request to be released on bail so as to seek
\ntraditional medicine is not tenable, as visitors are allowed into the
\nCustodial Centre.<\/p>\n
Jacobs, who said the medical facilities at the Ikoyi Custodial Centre
\nare capable of handling Kalu’s condition, also told the court that “In
\none breath, the applicant is saying that he wants to be released on
\nhealth grounds; while in another breath, he is saying that as a Senator,
\nhe needs to be released on bail so as to carry out his official
\nfunctions.”<\/p>\n
Justice Liman adjourned the case till December 23, 2019 for ruling on
\nthe application.<\/p>\n
The Economic and Financial Crimes Commission, EFCC, on Tuesday, opposed a post-conviction bail application filed by a convicted former governor of Abia State, Orji Uzor Kalu, before Justice Muhammed Liman…<\/p>\n","protected":false},"author":1,"featured_media":69838,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","footnotes":""},"categories":[5],"tags":[],"class_list":["post-70968","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-news"],"yoast_head":"\n