Former governor of Abia State, Dr. Orji Uzor Kalu, has asked the
Federal High Court sitting in Abuja to reverse the recent transfer of
the suit filed by the Federal Government against him and two others from
Lagos division of the court back to the Abuja division.
Recently, the Chief Judge of the Federal High Court, Justice Ibrahim
Auta, at the instance of the Economic and Financial Crimes Commission
(EFCC) transferred the case, which was before the Abuja division of the
court, to Lagos division.
In an originating summons brought out by counsel to the 2nd and 3rd
defendants, Chief Solo Akuma (SAN), the court is asked to declare that
the purported transfer of Charge No. FHC/ABJ/CR/56/2007: Federal
Government of Nigeria V Orji Uzor Kalu and 2 others, from High Court No.
5, Abuja to Federal High Court, Lagos division, at the instance of the
3rd defendant, without compliance by the 1st defendant with the
provisions of Section 98(3) and (4) of the Administration of Criminal
Justice Act, 2015, is null, void and of no effect.
Joined in the suit are the Chief Judge of the court, Federal Republic of Nigeria, EFCC and Orji Uzor Kalu.
The plaintiffs are also asking the court to declare that the
request of the 3rd defendant dated 19/5/2016 to the 1st defendant to
transfer the case from Abuja division of the court to Lagos division and
the purported transfer of the said charge were tantamount to forum
shopping and, therefore, null, void and of no effect.
In addition, the court is asked to declare that the plaintiffs were
denied their rights to fair hearing when Chief Judge entertained and
ordered that transfer of the said charge to Lagos division of the court
without complying with provisions of Section 98(3) and (4) of
Administration of Criminal Justice Act, 2015 and thus rendered the
purported transfer null, void and of no effect.
The plaintiffs are, however, praying the court for an order setting
aside the purported transfer of the case from Abuja to Lagos division.
The plaintiffs also want the court to direct that case be returned to the Abuja division of the court.
In their questions for determination, the plaintiffs want the court
to determine whether the CJ can order the transfer of the case pending
at the Abuja division to the Lagos division upon the request of the EFCC
without complying with the mandatory provisions of law.
The plaintiffs equally want the court to determine whether the
plaintiffs’ rights to fair hearing were not infringed upon following the
purported transfer of the charge as ordered by the CJ at the behest of
the EFCC from the Abuja division of the court to Lagos division without
complying with mandatory provisions of law.
Furthermore, the plaintiffs want the court to decide whether the
request of the EFCC dated 19/5/2016 to the CJ to transfer the case from
Abuja to Lagos division and the purported transfer of the said case is
not tantamount to forum shopping.
Source: Abia Facts News
