The Supreme Court has upturned the judgment convicting the former governor of Abia State, Orji Kalu.
A seven-man panel of the apex court on Friday also nullified the judgment which convicted a former Director of Finance and Account of Abia State Government, Ude Udeogu.
The apex court’s decision now upturns Kalu’s 12-year jail term announced by Justice Mohammed Idris of the Federal High Court in Lagos on April 24, 2019.
Kalu was convicted on corruption charges while Mr Udeogu was on the same day sentenced to 10 years imprisonment.
The duo approached the Supreme Court for appeal against the judgement.
In a unanimous verdict on the appeal delivered by Justice Ejembi Eko, the apex court declared that the conviction of the appellants was null and void.
Justice Eko said the judgement was nullified on the ground that Justice Mohammed Idris was already a Justice of the Court of Appeal at the time he delivered the judgment sentencing the appellants.
Eko said a Justice of the Court of Appeal cannot operate as a judge of the Federal High Court.
The law is that a judge is deemed elevated to a higher court on the day of appointment not assumption of office or taking of oath as decided by the Supreme Court in Ogbuyinya vs Okudo
Retrial by Trial de novo but the new Administration of Justice Act provided that an elevated judge should conclude all fully tried cases regardless of elevation. Now Supreme Court, therefore, said ACJA is unconstitutional in that respect.
The apex court ordered the Chief Judge of the Federal High Court to reassign the case for trial.
The ex-Governor turned Senator should not savour a long sigh of relief as he is liable to be tried afresh.
He has not been found not guilty. It is simply that the conviction was pronounced by a judge who had ceased to belong in the trial High Court at the time of the pronouncement.
Unless there is a plea bargain, the Economic and Financial Crimes Commission (EFCC) is at liberty to arrest him again and file the charges anew.
However, that isn’t the case as the anti-graft agency has revealed that Kalu will face immediate retrial.
In a statement by its spokesman, Dele Oyewale, the EFCC said apex court’s decision was ‘quite unfortunate’.
The statement read: “The attention of the Economic And Financial Crimes Commission, EFCC, has been drawn to the judgment of the Supreme Court nullifying the trial of a former governor of Abia State, Orji Kalu, his firm, Slok Nigeria Limited and Jones Udeogu, a former Director of Finance and Account of Abia State Government and ordering their fresh trial at the lower court.
“The apex court based its verdict on the grounds that Justice Mohammed Idris, who convicted Kalu and others had been elevated to the Court of Appeal before the judgment and returned to the lower court to deliver the judgment which it considered as illegal.
“The EFCC considers the judgment of the apex court as quite unfortunate. It is a technical ambush against the trial of the former governor. The Commission is prepared for a fresh and immediate trial of the case because its evidence against Kalu and others are overwhelming.
“The corruption charges against Kalu still subsist because the Supreme Court did not acquit him of them. The entire prosecutorial machinery of the EFCC would be launched in a fresh trial where justice is bound to be served in due course.”
