The Socio-Economic Rights and Accountability Project (SERAP) has issued the Nigerian Senate 7 days ultimatum to suspend payment of salaries and allowances to Mr. Orji Kalu, pending the outcome of any case at the court of appeal.
TheNewsGuru.com (TNG) reports Orji Kalu, a serving senator and ex-governor of Abia State, was last week sentenced to 12 years in prison after conviction for N7.65 billion fraud by a Lagos Division of the Federal High Court.
SERAP is giving the Senate leadership 7 days to suspend, pending the outcome of any case at the court of appeal, payment of salaries and allowances to the convicted Senator, stressing that monthly payment of N14.2m monthly to Mr. Kalu while in prison and unable to sit and perform the functions of a sitting senator is unconstitutional.
“We’re giving Senate leadership Dr Ahmad Lawan 7 days to suspend [pending the outcome of any case at the court of appeal] payment of salaries and allowances to Mr. Orji Kalu who last week was sentenced to 12 years in prison after conviction for N7.65 billion fraud.
“Monthly payment of N14.2m monthly to Mr. Kalu while in prison and unable to sit and perform the functions of a sitting senator is unconstitutional. Mr Kalu ordinarily ceases to be a senator, as per the provisions of section 66 of the 1999 Constitution of Nigeria (as amended).
“Section 68(1) provides that a senator shall vacate his/her seat if any circumstances arise that would cause him/her to be disqualified for election as senator,” SERAP said in a statement on Monday.
Justice Mohammed Idris who delivered the sentence declared Kalu guilty of the charge in the case that had been on for 12 years.
Mr Kalu was tried alongside his company, Slok Nigeria Limited, and Udeh Udeogu, who was Director of Finance and Accounts at the Abia State Government House during Mr Kalu’s tenure as governor.
In an amended 39 counts charge, they were accused by the Economic and Financial Crimes Commission of conspiring and diverting over N7 billion from the coffers of the state.
In one of the counts, the EFCC alleged that Mr Kalu, who was Abia State Governor between 1999 and 2007, “did procure Slok Nigeria Limited – a company solely owned by you and members of your family – to retain in its account, domiciled with the then Inland Bank Plc, Apapa branch, Lagos, an aggregate sum of N7,197,871,208.7 on your behalf.”
The prosecution claimed that the N7.1 billion “formed part of the funds illegally derived from the treasury of the Abia State Government and which was converted into several bank drafts before they were paid into the said company’s account.”
The prosecuting counsel, Rotimi Jacobs, said the ex-governor violated Section 17(c) of the Money Laundering (Prohibition) Act, 2004, and was liable to be punished under Section 16 of the same Act.
Apart from the N7.1bn, which he was accused of laundering, the ex-governor and the other defendants were also accused of receiving a total of N460 million allegedly stolen from the Abia State Government treasury between July and December 2002.
The prosecutor said they breached Section 427 of the Criminal Code Act, Cap 77, Laws of the Federation of Nigeria, 1990.
The defendants had pleaded not guilty to all counts.
During the trial, the prosecution called 19 witnesses while the defendants testified on behalf of themselves .