Posted by By OLA AGBAJE on
The takeover of the trial of former Abia State Governor, Dr Orji Uzor Kalu by the Attorney General of the Federation, (AGF) and Minister of Justice, Mike Aondoaka, was informed by the avowed policy of President Umar Musa Yar'Adua to govern by the rule of law.
The takeover of the trial of former Abia State Governor, Dr Orji Uzor Kalu by the Attorney General of the Federation, (AGF) and Minister of Justice, Mike Aondoaka, was informed by the avowed policy of President Umar Musa Yar'Adua to govern by the rule of law.
At the resumed hearing of the case involving Kalu before Justice Babs Kuewumi in Abuja, on Wednesday, the Federal Director of Public Prosecution, Salihu Aliyu took over the prosecution from the Economic and Financial Crimes Commission (EFCC) counsel, Adebisi Adeniyi.
EFCC had on July 11, 2007 arrested Kalu immediately he returned to the country after a trip abroad. He was subsequently charged before a Federal High Court, Abuja, for alleged money laundering.
Kalu, following his arrest, raised alarm that the action of EFCC was a gross violation of his right, already secured by a subsisting order of Abia State High Court, which banned EFCC from interfering with his liberty and freedom.
Consequently, Kalu's lawyer, Chief Livy Uzoukwu, (SAN) petitioned the president on the continuous breach of the subsisting court orders in the matter involving his client by the EFCC.
Specifically, the Abia State High Court presided over by Justice A. U. Kalu, while ruling on an ex-parte motion brought by Kalu on May 31, 2007, against EFCC, and four others granted permission to the applicant to enforce his fundamental right against the respondents.
Others affected by the subsisting order are the Commissioner of Police, Abia State, the Inspector General of Police, the State Director, State Security Services, (SSS), and the Director-General, SSS,
Kalu's petition, dated August 5, 2007, sent to President Yar'Adua and copied the AGF among others, detailed several court orders trampled upon by the EFCC over the former Abia governor's matter.
Specifically, the petitioner averred that his mother, Chief (Mrs.) Eunice Uzor Kalu has also been subjected to continuous harassment and intimidation by EFCC in spite of a pending court order, barring the commission from tampering with her freedom.
Kalu's lawyer wrote in the petition: "The EFCC has no culture of respect for court orders. On October 10, 2006, in suit No. FHC/UM/CS/76/06, a stay order was granted by the Umuahia Federal High Court in favour of Chief (Mrs.) Eunice Uzor Kalu, the mother of our client, among others, against the EFCC.
"That order was flagrantly disobeyed when the EFCC filed charge No. FHC/L/45C/2007 at the Federal High Court, Lagos.
"Similarly on October 19, 2006, in suit No. HU/96M/2006, the Umuahia High Court granted a staying order against EFCC in favour of Chief T. A. Orji, now Governor of Abia State and others.
"Once again, EFCC simply disregarded the order and filed charge No. FHC/L/45C/2007 at Federal High Court Lagos. Your Excellency, it is very elementary in our jurisprudence that an order of a court of competent jurisdiction remains valid until it is set aside."
The lawyer pointed out the danger that constant disregard for court orders by the commission posed to the rule of law, noting that the war against corruption could be successfully won within the ambience of the rule of law and citing as example, the success story of National Agency for Food, Drug, Administration and Control, (NAFDAC).
Expatiating on the inherent danger in treating valid orders of court with contempt or engaging in selective obedience to court orders, the petitioner noted that such action was capable of sending wrong signal to the citizenry, a development capable of enthroning anarchy in the polity.
While expressing abiding faith in the Constitution of the country, the petitioner called on the president to intervene in the matter to bring the commission on the path of rule of law and stop it from further, "scandalously and contemptuously continuing to assail the rule of law."
Also reacting to incidents of disobedience to court orders, the Nigeria Bar Association, (NBA), wrote a letter to the AGF and copied the President, on the need to ensure that the rule of law, anchored on obedience to court order, be enthroned in the country.
According to the letter dated August 10, 2007, and signed by NBA president, Olisa Agbakoba, (SAN), the association commended the AGF for insisting on 48-hour time frame for detainees before arraignment.
He noted that over 20,000 Nigerians are languishing in detention undeservedly due to the attitude of law enforcement agencies to court orders.
To ensure strict adherence to the rule of law, especially in the administration of criminal justice system, NBA, among others called for the streamlining of the activities of all law enforcement agencies in the criminal justice sector to make them abide by laid down constitutional provisions.
The Umuahia High Court had, among others, granted Kalu and others, the following reliefs:
• That leave is granted to the Applicants to enforce their fundamental rights under the Fundamental Rights (Enforcement Procedure) Rules 1979 against the respondents.
• That in respect of the other reliefs sought the respondent to be put on notice.
• That the leave granted shall operate as a stay of all action or matters relating to or connected witht eh complaint until the determination of the motion on notice.