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A federal high court in Abuja, yesterday, discharged
Uche Chukwumerije, a senator and a traditional ruler, Eze Gaius
Ihejiamaizu, as sureties for the former governor of Abia State, Orji
Uzor Kalu, because they claimed that they no longer had confidence in
him. Mr Chukwumerije and Mr Ihejiamaizu approached the court to vacate
their pledges over Mr Kalu. At the resumed hearing of the matter,
Kelvin Emeka Okoro, counsel to the senator, and Onyedika Offor, lawyer
to the traditional ruler, in their application, told the court that
section 134 of the Criminal Procedure Act (CPA), allows a surety to
withdraw at any stage.

“The surety at any time can apply to the court to
discharge the cognizance he entered as it affects him.” Adding, that
the court should discharge their clients as sureties.

Counsel to Mr Kalu, Awa Kalu, did not object to their
withdrawal, but said having regard to sections 122 of the CPA, the
judge may consider whether it is still desirable to retain traditional
ruler as surety in the matter. “Since the date of arraignment, the
first accused has been appearing before the court, his appearance today
is 32nd.” The lawyer said Mr. kalu has demonstrated unequivocally, his
wiliness to appear before the court and face his trial.” Having regard
to the fact that the accused has never fail to appear, the court may
bend the rules requiring a traditional ruler or senator and grant him
bail on self recognizance. He is a former governor of Abia state and
understand the consequences of failing to come to court.”

Rulings

Ruling on the application, Adamu Bello discharged
Messrs. Chukwumerije and Ihejiamaizu as sureties to Mr Kalu and asked
him to look for a surety to replace Mr. Chukwumerije while he waived
the requirement of the traditional ruler to be a surety in the matter,
and adjourned the matter to April 18, 2011 for mention.

Mr Ihajiamaize, in an affidavit, said: “…Sometime
in July 2007, I stood as surety to the first accused person [Orji Uzor
Kalu] in this charge. That part of the bail condition included the
deposit of my certificate of recognition as a traditional ruler [Eze]
in Abia State issued on November 16, 1998 by the state government. That
I entered as surety to the accused person because of the confidence I
had in him then. I no longer have confidence in the first accused
person and will not stand as surety for him anymore. That for now the
first accused and myself have not been associating with each other and
I can no longer vouch for him, being unaware of his movements and
actions. That it would be in the interest of justice to discharge me as
a surety to the first accused person and return my said certificate of
recognition to me.” The EFCC had slamed a 107-count charge of
money-laundering against Mr Kalu, including mismanaging over N5billion
belonging to the Abia State government.

Two other accused persons standing trial alongside Mr Kalu including Ude Jones Udeogu and Slok Nigeria Limited.