According to the judge, the applicant failed to prove exceptional circumstances that would warrant granting bail pending the determination of his appeal.
Justice Liman said there was no evidence to prove the senator was suffering from chronic diseases Such as diabetes, and hypertension, and that they weren’t contagious.
The court also rejected Mr Kalu’s argument that there are substantial grounds in his appeal against his conviction, saying it is an irrelevant
Also, the judge ruled that Mr Kalu’s absence at the Senate will no doubt be missed, but that his constituents should have known they were taking a risk of taking a potentially uncertain candidate, when they voted him to represent them as a federal lawmaker.
The former governor is currently serving a 12 year jail term handed down on him, upon conviction for fraud and money laundering.
Mr Kalu was convicted earlier in the month, of N7.1bn fraud and sentenced to 12 years’ imprisonment, which he has appealed against.
He has been in prison since the day of his conviction. Last week, his lawyers told the court that he had serious health challenges that the medical facilities in the prison cannot handle.
He also said that as the Chief Whip of the Senate and the senator representing Abia North Senatorial District, the interest of his constituents would be in jeopardy if he was kept behind bars.
But counsel for the Economic and Financial Crimes Commission, Rotimi Jacobs (SAN), opposed the application.