Kalu moves to stop EFCC, AGF from transferring case to Lagos
In a motion exparte brought pursuant to order 34 Rule 1 (a) and 3 of the Federal High Court (Civil procedure) rules, 2009; and section 6 (6) (a) of the 1999 constitution, Kalu also sought the leave of court to apply for the issuance of an order of mandamus compelling the Chief Judge of the Federal High Court to remit suit No. FHC/ABJ/CR/56/07 Federal Republic of Nigeria Vs. Orji Uzor Kalu & 2 others, which was transferred from the Abuja division of the court to Lagos, back to Abuja for continuation of hearing.
The applicant, through his counsels including Chief Awa kalu, Chief Mike Ozekhome, Solomon Akuma, Chief Nwufo and Chief Gordi Uche, all Seniior Advocates of Nigeria (SAN), further asked for an order that the leave so granted shall operate as a stay of all actions, matters or issues ancillary to or relating to or pertaining to or connected with the case, pending the hearing and determination of the suit.
Attached to the suit No. FHC/ABJ/CS/845/2016 was a 16-paragraph supporting affidavit and an affidavit of urgency deposed to by Ikechukwu Njoku, a legal practitioner.
According to the deponent, the suit brought against the applicant was commenced in 2007 after he left office as the executive governor of Abia State.The affidavit read: “After Kalu left office, the applicant did not contest any elective office because he wanted to retire to private life and quiet life in his village Igbere in Abia State.”
Kalu told the court that transferring a nine-year-old case from Abuja to Lagos was for persecution and not prosecution.He noted that he temporarily resides in Abuja and his team of lawyers all reside in Abuja.
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