EFCC Opposes Former Gov Orji Kalu’s Post-Conviction Bail Application

The Economic and Financial Crimes Commission, EFCC, on Tuesday December 17, 2019, opposed a post-conviction bail application filed by convicted former governor of Abia State, Orji Uzor Kalu, before Justice Muhammed Liman of the Federal High Court sitting in Ikoyi, Lagos. .

Kalu was convicted and sentenced to 12 years imprisonment for N7.65bn fraud by Justice Muhammed Idris of the Federal High Court, Ikoyi, Lagos on December 5, 2019. .
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In the application, Kalu, through his lawyer, Lateef Fagbemi, SAN, claimed that he had health challenges that could not be managed by the medical facilities in the Custodial Centre in Ikoyi, Lagos.

Kalu, in the 34-paragraph further affidavit with one exhibit attached, also argued that the offences for which he was convicted and jailed were bailable.

He, therefore, prayed the court to free him, while he challenges his conviction at the Court of Appeal.

However, Rotimi Jacobs, SAN, counsel to the respondent, EFCC, opposed the application for post-conviction bail, saying, “Although bail is generally a right of an accused as guaranteed by the Constitution, it is not a right available to a convict because the presumption of innocence had crystallized into guilt and conviction. .

“An application for bail pending appeal is sparingly granted.”

Jacobs further stated that such a bail could be granted in a situation, where the term of imprisonment would have elapsed before the determination of the appeal.