Kalu wants bail, respite from prison due to ill health

A former governor of Abia State, Orji Kalu, who was on December 5 convicted of N7.1bn fraud and sentenced to 12 years’ imprisonment, has urged the court to grant him a post-conviction bail.

Kalu, who has been sent to the prison since the day of his conviction, said in an application on Tuesday that he was battling with serious health challenges that the medical facilities in the prison cannot handle.

 

He said since the offences he was convicted of were bailable offences, he would like to be released from the prison while he goes to the Court of Appeal to challenge his conviction by Justice Muhammed Idris.

In the application moved before Justice Mohammed Liman at the Federal High Court in Lagos by his lawyers, Chief Lateef Fagbemi (SAN) and Awa Kalu (SAN), the convict stressed that as the Chief Whip of the Senate and the senator representing Abia North Senatorial District, the interest of his constituents would be in jeopardy if he was kept behind bars.

He said he had gone and appeal and he was very sure of success.

“The applicant’s appeal is brimming with substantial grounds of law with great chance of success.

“The health condition of the applicant is in great jeopardy and the prison facilities cannot adequately cater for his health needs.

“The need for the grant of this application is also of utmost importance, considering the fact that the applicant has the mandate to represent the good people of Abia North Senatorial District in the National Assembly for the period of 2019 and 2023.

“The applicant’s mandate to represent his people at the Senate is still extant and cannot be taken away unless he exhausts his constitutional right of appeal.

“The refusal of the applicant’s application for bail pending appeal will hinder the proper representation of the good people of Abia North Senatorial District.

“The Senate of the Federal Republic of Nigeria is mandated to sit in a year for a minimum period of 181 days, out of which a senator is constitutionally compelled to attend at least an aggregate of one-third of such sittings in a year, otherwise the seat may be declared vacant,” Kalu said in the application filed by his lawyers.

But counsel for the Economic and Financial Crimes Commission, Mr Rotimi Jacobs (SAN), vehemently opposed the post-conviction bail application, saying it was strange to the Administration of Criminal Justice Act 2015.

After entertaining arguments from both sides on Tuesday, Justice Liman adjourned till December 23 for ruling.