The Federal High Court in Lagos has fixed June 2 to hear an application by Senator Orji Kalu seeking his release from prison.
Justice Mohammed Liman has been assigned to hear the motion on notice.
The former Abia State governor is serving a 12-year jail term at the Correctional Service Centre in Kuje, Abuja for looting N7.65 billion belonging to the state.
Orji, who is now the Senate’s Chief Whip, has hired 12 lawyers including six Senior Advocates of Nigeria (SANs) to handle the case.
Orji’s bid for release comes after the Supreme Court ruled that Justice Mohammed Idris who convicted the politician erred when he sat as a judge in the Federal High Court despite being elevated to the Court of Appeal.
Orji filed the motion on May 12 asking the court to grant him release.
Alongside Kalu, Justice Idris had also convicted a former Director of Finance in the Abia State Government House, Ude Udeogu, and sentenced him to 10 years imprisonment.
However, following Udeogu’s appeal, the Supreme Court on May 8 set aside Idris’ verdict “as it pertains or relates to the appellant (Mr Udeogu)”.
It ordered Udeogu’s freedom and the retrial of his case.
According to Kalu, the correctional centre has no legal basis for his continued incarceration following the Supreme Court’s judgment which declared his trial a nullity and freed Udeogu.
