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
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