Orji Kalu Seeks Reversal Of Case Transfer To Lagos

 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