The conviction of former Abia State governor, Senator Orji Uzor Kalu, who had been jailed for corruption, has been nullified by the Supreme Court on Friday.
In a unanimous judgement by a seven-man panel, led by Justice Amina Augie, the Supreme Court held that the Federal High Court in Lagos, which tried and convicted Kalu, his firm – Slok Nigeria Limited and his former aide, Jones Udeogu, acted without jurisdiction.
The court also quashed the conviction of Ude Udeogu, who was the director of finance and accounts at the Abia State Government House during Mr Kalu’s tenure.
Justice Mohammed Idris had on December 5, 2019 sentenced the former governor to 12 years in prison for allegedly stealing public funds while in office. Mr Udeogu was sentenced to 10 years in prison.
A third defendant, Mr Kalu’s company, Slok Nigeria Limited, was ordered to be wound up and its assets forfeited to the Nigerian government.
They were convicted for defrauding the Government of Abia State when Mr Kalu was governor.
The Economic and Financial Crimes Commission (EFCC) had brought the criminal charge against the duo for conspiring and diverting N7.65 billion from the coffers of the state.
Dissatisfied with the judgement of the Federal High Court, Kalu and Udeogu filed an appeal to challenge their sentencing at the apex court.
The apex court was of the view that Justice Mohammed Idris, who conducted the trial, was no longer a judge of the Federal High Court as at the time he sat and delivered the judgement that convicted the defendants.
The Supreme Court added that Justice Idris, having been elevated to the Court of Appeal before then, lacked the powers to return to sit as a High Court Judge.
The Court said the fiat that was issued to Justice Idris by the Court of Appeal President, pursuant to Section 396(7) of the Administration of Criminal Justice Act was unconstitutional.
The apex court further ordered the Chief Judge of the Federal High Court to reassign the case for trial.
Speaking after his release from the Nigerian correctional facility in Kuje, Abuja, sequel to the Apex Court’s judgement, Kalu said; “the past five months have been quite a profound period for me.”
“As challenging as that period has been, it has provided me an opportunity to learn invaluable lessons about our country, our peoples, our justice system and the true meaning of love. I mean love for family, love for our country and love for humanity’” he added.
The EFCC has, however, referred to Kalu’s victory in the supreme court as a technical ambush, declaring that the Commission is ready for a retrial.
