***Sun Newspapers Management Reacts

The Economic and Financial Crimes Commission (EFCC) on Saturday commenced marking for seizure properties belonging to the former governor of Abia State, Orji Kalu.

This is even as the Management of the Sun Newspapers, one of the prime Business enterprise of Kalu, has objected to the planned seizure by the EFCC on grounds that the Sun Publishing Limited was not a party to the case of EFCC vs. Orji Uzor Kalu & 2 Others.

A statement issued by the agency’s spokesperson, Wilson Uwujaren, said “The marking is to ensure that the properties are not dissipated, following the December 5, 2019 order of Justice Muhammed Idris sitting at the Federal High Court in Ikoyi, Lagos that Kalu’s company, Slok Nigeria Limited, be wound up and all assets forfeited to the Federal Government.”

Last week, Mr Kalu, a senator representing Abia North, was sentenced to 12 years in prison for a N7.65 billion fraud.

See the EFCC’s statement and Sun Newspapers Management statement below:

EFCC Press Release
N7.65bn Fraud: EFCC Marks Ex-Abia Gov, Orji Kalu’s Properties

The Economic and Financial Crimes Commission, EFCC, on Saturday,
December 14, 2019, marked properties belonging to a former Abia State governor, Orji Uzor Kalu.

The marking is to ensure that the properties are not dissipated, following the December 5, 2019 order of Justice Muhammed Idris sitting at the Federal High Court in Ikoyi, Lagos that Kalu’s company, Slok Nigeria Limited, be wound up and all assets forfeited to the Federal Government.

Kalu, who is the Senator representing Abia North in the National Assembly, had been arraigned alongside his company, Slok Nigeria Limited and Udeh Udeogu, his Director of Finance and Accounts at the Abia State Government House, over an amended 39-count charge bordering on conspiring and diverting the sum of N7.65bn from the coffers of the state.

The defendants pleaded not guilty to the charge preferred against them by the EFCC, thereby leading to their full trial.

In the course of the trial, the prosecution counsel, Rotimi Jacobs, SAN, called 19 witnesses and tendered several documents that were admitted in evidence by the court.

The defendants, however, testified on behalf of themselves during the trial.
The parties, during the proceedings on Tuesday, October 22, 2019, adopted their final written addresses.

In his final submission, the prosecution counsel, Jacobs, urged the judge to jail the defendants, saying the prosecution had proved the allegations against them.

Jacobs also urged the court to wind up the company as provided by the Law and all its assets forfeited to the Federal Government.

However, the defence counsel urged the court to “dismiss the charges, acquit and discharge” their clients.
Delivering his judgment, Justice Idris found the defendants guilty on all counts.

Justice Idris held that the prosecution had established its case against the defendants.

The Judge further held that “the case was conclusively investigated, as the prosecution conducted thorough investigations.”

Justice Idris, therefore, convicted and sentenced the first defendant, Kalu to five years imprisonment on counts 1, 2, 3, 4, 6, 7, 8, 9, 10 and 11; three years on counts 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33; 12 years on counts 34, 35, 36, 37 and 38 and five years on count 39.

The second defendant was convicted and sentenced to three years imprisonment on counts 24, 25, 27, 28, 30, 31, 32 and 10 years on counts 34, 37, 38 and 39.

Justice Idris further held that “In respect of the third convict, Slok Nigeria Limited, an order is hereby made that the company shall hereupon and without further assurances, but for this order, be wound up and all its assets and properties forfeited to the Federal Government of Nigeria.”

EFCC VISIT TO THE SUN OFFICE WITH ARMED POLICEMEN: OUR STAND

Three officials of the Economic and Financial Crimes Commission (EFCC) with four heavily armed policemen  on Saturday, December 15, 2019 at about 10.00 am arrived the corporate headquarters of The Sun Publishing Limited at 2, Coscharis Street, Kirikiri Industrial Layout, Apapa, Lagos and put up a notice for staff and the general public to keep off the premises. The EFCC officials, who   came in a white Toyota bus with registration number,  ABUJA BWR-644GA, wrote on The Sun’s fence, “EFCC, keep off.”  They also advised our staff to collect their personal belongings from the office as they will come back to seal the premises completely.

We do not understand the legal basis for this EFCC action. It is on record that there is a pending appeal at the Supreme Court with Suit No: SC/546/2018 wherein The Sun Publishing Limited  appealed  against the Judgement delivered by the Court of Appeal on the interim forfeiture order made against it by a Federal High Court in 2007 based on ex parte proceeding. The Notice of Appeal and Motion for Stay of Execution were duly served on EFCC by the bailiffs of the Court.

It is also pertinent to state that  EFCC vide a letter written by Counsel to The Sun Publishing Limited, dated 22nd May, 2018 and duly received by one Caleb Peter on behalf of Rotimi Jacobs & Co. was further put on notice of the pending appeal at the Supreme Court and advised to stay action in the matter  pending the hearing of the Motion for Stay of execution and the appeal.

Again,  it is instructive to state that The Sun Publishing Limited was not a party to the case of EFCC vs. Orji Uzor Kalu & 2 Others, so we do not see why the Judgment in that case should lead to attempt to seal The Sun Publishing Limited premises.

Further more, we are aware that both Senator Orji Uzor Kalu and Slok Nig Limited have since appealed the Judgment delivered by Justice Mohammed Idris and a hearing date given.

We wish to reiterate that The Sun Publishing Limited is an ongoing corporate limited liability company and its shares are owned by various individuals distinct  from Senator Orji Uzor Kalu. Therefore, the recent Judgment against Senator Orji Uzor Kalu should not be used to disturb the operations of the company and the proprietary rights of  its innocent  shareholders until the matters are dispensed with at the  Supreme Court.

In view of the foregoing, we call and appeal to  the Attorney General of the Federation and the Minister of Justice to urgently intervene and advise EFCC appropriately on the legal consequences of its actions.

– Management,

The Sun Publishing Limited

December 14, 2019