Rotimi Jacobs, counsel to the anti-graft agency, told a federal judge that they were not aware when Mr Kalu obtained a permission from the court for his travel.
The trial of the former governor, who is accused of ₦7.65 billion fraud allegedly committed while in office, at the Lagos Division of the Federal High Court was stalled on Monday due to his absence.
Mr Jacobs, a Senior Advocate of Nigeria, said the defendant’s absence is an attempt to frustrate the trial, adding that his inability to appear in court means he had jumped bail.
“I am not aware when the first defendant wanted to travel,” Mr Jacobs said.
“We only got to know that the first defendant travelled abroad for medical treatment through his media aide, one Kunle Oyewunmi.
“Things must be done in accordance with the law. In my own view, what happened is that the first defendant has jumped bail. This is an attempt to further frustrate this trial because no application was made to the court to travel.
“I urge Your Lordship to treat the absence of the first defendant as that he has jumped bail.”
Earlier, Mr Kalu’s lawyer, Awa Kalu, told the judge his client had travelled to Germany for a surgical operation, adding that he had been advised to remain abroad to recuperate.
Responding to Mr Jacobs’ arguments, Mr Kalu, a professor of Law, said his client travelled abroad after the court had adjourned the trial indefinitely.
Ruling on the matter, Mohammed Idris, the judge noted that although the matter was adjourned indefinitely on September 27, the prosecution served Mr Kalu a notice of the hearing on November 2.
The judge also noted that the court received a mail confirming Mr Kalu’s treatment arrangement but added that the defence counsel failed to attach any medical report to guide the court as to the former governor’s post-surgery treatment.
The judge said in the interest of justice, he would adjourn the case for the last time, stressing that Mr Kalu must return from Germany within seven days and appear before the court.
“I have always stated that every citizen of this country is entitled to and has the right to seek medical treatment abroad,” Mr Idris said.
“This right is guaranteed by the constitution, the African Charter on Human and Peoples Rights, the International Covenant of Civil and Political Rights and the Universal Declaration of Human Rights. It is an inalienable right.
“However, this right has exceptions; therefore, in exercising this right due regard must be had for the law and due process.
“Apart from the mail confirming the treatment arrangement of the first defendant, the defence counsel should have obtained a medical report on the condition of the first defendant post-surgery. This would have properly guided the court in the proceedings of today.
“However, in the light of the entirety of this case and in the interest of justice, I am prepared to grant to the first defendant a final adjournment in respect of this matter.
“In the light of the provisions of the ACJA, I shall not adjourn for more than seven days from today. It is, therefore, hereby directed that the first defendant shall return to the country within seven days from today’s date for the hearing of this matter.”
The matter was adjourned till November 12 for continuation of trial.
