Justice Muhammed Liman of the Federal High Court, Ikoyi, Lagos will on  December 23 rule on the application for bail filed by convicted former governor of Abia State, Orji Uzor Kalu.

Kalu, through his lawyer, Lateef Fagbemi, SAN, had claimed in his application for bail  that he had health challenges that could not be managed by the medical facilities in the Custodial Centre in Ikoyi, Lagos.

In the 34-paragraph further affidavit with one exhibit attached, Kalu 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, the Economic and Financial Crimes Commission, EFCC, has  opposed a post-conviction bail application filed by  Kalu.

Uwujaren affirmed, 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.

“But that is not the situation in Kalu’s case,” he further said.

According to Jacobs, the medical report tendered in the case was obtained over a year ago.

“There is no recent medical report to show his state of health.”

Also, Jacobs reportedly argued that the request to be released on bail so as to seek traditional medicine is not tenable, as visitors are allowed into the Custodial Centre.

Jacobs, arguing that the medical facilities at the Ikoyi Custodial Centre are capable of handling Kalu’s condition, added  that “In one breath, the applicant is saying that he wants to be released on health grounds; while in another breath, he is saying that as a Senator, he needs to be released on bail so as to carry out his official functions.”

Justice Mohammad Idris of the FHC in Lagos  on December 5 convicted Kalu, a Director of Finance and Accounts at the Abia State Government House during Kalu’s tenure, Udeh Udeogu, and Kalu’s firm, Slok Nigeria Ltd on each of the 39 counts.

Kalu was sentenced to 12 years imprisonment and Udeogu, 56 years. Justice Idris ordered that Slok be wound up and its assets forfeited to the Federal