From Godwin Tsa, Abuja
The Abuja division of the Federal High Court has fixed February 6 to commence definite hearing in the suit brought by Slok Nigeria Limited and Ude Jones against the Chief Judge of the court, Justice Ibrahim Auta, for transferring the criminal charge against the former governor of Abia State, Dr. Orji Kalu, from Abuja to Lagos.
Justice Binta Nyako fixed the date after the case was mentioned in court by counsel to the plaintiffs, Chief Solo Akuma (SAN).
The defendants in the suit are Chief Judge of the Federal High Court, Justice Ibrahim Auta, Federal Republic of Nigeria, the Economic and Financial Crimes Commission (EFCC) and Dr. Orji Uzor Kalu.
Although other parties to the case were not in court and represented by counsel, the Chief judge of the Federal High Court, Justice Auta (1st defendant) was represented by Baba Dala Fika who consented to the adjournment.
In the suit marked FHC/ABJ/CS/934/2016, the plaintiffs are urging the court for an order setting aside the purported transfer of charge No. FHC/ABJ/CR/56/2007: Federal Republic of Nigeria V. Dr. Orji Uzor Kalu and two, from Federal High Court, Abuja division to Federal High Court, Lagos division.
In addition, the plaintiffs are seeking an order of court directing that the charge No. FHC/ABJ/CR/56/2007: Federal Republic of Nigeria V. Dr. Orji Uzor Kalu and others be returned to Federal High Court No. 5, Abuja, presided over by Justice Anwuri Chikere, for trial and determination.
According to a statement of claim filed by Akuma, the plaintiffs are further asking for a declaration that the purported transfer of charge No. FHC/ABJ/CR/56/2007: Federal Republic of Nigeria V. Dr. Orji Uzor Kalu and others from High Court No. 5, Abuja to Federal High Court, Lagos division at the instance of the 3rd defendant (EFCC) without compliance by the 1st defendant (Justice Auta) with the provisions of section 98 (3) and (4) of the Administration of Criminal Justice Act, 2015 is null and of no effect whatsoever.
A declaration that the request of the 3rd defendant dated 19/5/2016 to the 1st defendant to transfer charge No.FHC/ABJ/CR/56/2007: Federal Republic of Nigeria V. Dr. Orji Uzor Kalu and others from Federal High Court No. 5, Abuja to Federal High Court, Lagos and purported transfer of the said charge to Federal High Court, Lagos, are tantamount to forum shopping and, therefore, null, void and of no effect whatsoever.
A declaration that the 2nd and 3rd defendants in charge No.FHC/ABJ/CR/56/2007: Federal Republic of Nigeria V. Dr. Orji Uzor Kalu and others plaintiffs, herein, were denied their right to fair hearing when the 1st defendant entertained and ordered the transfer of the above charge to Federal High Court, Lagos division without complying with the provisions of section 98 (3) and (4) of the Administration of Criminal Justice Act, 2015, is null and of no effect whatsoever. The plaintiffs posed four questions for the determination of the court including; “whether the 1st defendant can order the transfer of charge No.FHC/ABJ/CR/56/2007: Federal Republic of Nigeria V. Dr. Orji Uzor Kalu and others pending at Federal High Court No. 5, Abuja to Federal High Court, Lagos division upon the request and or application of the 3rd defendant without complying with the mandatory provisions of section 98 (3) and (4) of the Administration of Criminal Justice Act, 2015. Whether the plaintiffs’ rights to fair hearing were not infringed upon following the purported transfer of charge No. No.FHC/ABJ/CR/56/2007: Federal Republic of Nigeria V. Dr. Orji Uzor Kalu and others as ordered by the 1st defendant at the behest of the 3rd defendant from Federal High Court Abuja division to Federal High Court, Lagos division without complying with the provisions of section 98 (3) and (4) of the Administration of Criminal Justice Act, 2015.
Dr. Kalu, Udeogu and Slok were first arraigned in 2007 before the Abuja division of the Federal High Court, but they objected to the charge and appealed all the way to the Supreme Court.
In its judgment, the Supreme Court refused the appeal and ordered the Chief Judge of the Federal High Court, Justice Auta to assign the case for a re-trial.
In compliance with the judgment of the Supreme Court, the matter was assigned to Justice Chikere, where the defendants were re-arraigned.
Thereafter, the case was adjourned till December 7,8 and 9, 2016 for commencement of trial.