Justice Mohammed Liman of the Lagos Division of the Federal High
Court on Tuesday ordered the immediate release of Orji Kalu, a
former governor of Abia State, from the custody of the Nigerian
Correctional Service.
The judge delivered his ruling following an application by
Lateef Fagbemi, Mr Kalu’s lawyer, seeking his release from
custody.
“Our application is brought pursuant to Section 159 of the
Administration of Criminal Justice Act,” Mr Fagbemi, a senior
advocate of Nigeria, said.
“This is a fallout of the Supreme Court decision delivered on
the 8th of May.”
Responding, Rotimi Jacobs, the counsel to the Economic and
Financial Crimes Commission, the prosecution, said the anti-graft
agency would not oppose Mr Fagbemi’s application “in
principle.”
“But we are also urging the court that the order made by the
Supreme Court for trial de novo should be complied with by all
parties; so that Your Lordship will give us a date when arraignment
will be done.
“We want the trial to go on, losing more time will be dangerous
for us,” Mr Jacobs, a senior advocate of Nigeria, added.
In his ruling, Mr Liman set aside the trial, conviction and
prison sentence on Mr Kalu, while he also squashed Justice Mohammed
Idris’ verdict on Slok Nigeria Limited.
Mr Idris had ordered the winding up of Slok Nigeria Limited and
ordered that its assets be forfeited to the federal government.
Justice Liman commended the EFCC prosecutor for his “practical
approach” to the case by choosing not to oppose the application,
thereby saving the court time and the rigour of going to trial.
He directed that steps should be taken for the commencement of a
fresh trial.
Senator Kalu, a two-term former governor of Abia State, had
urged the court to set aside his conviction on December 5, 2019, by
Justice Mohammed Idris.
He explained that this became necessary since the Supreme Court,
in its verdict delivered on May 8, 2020, held that Justice Idris
gave the judgment without jurisdiction.
Kalu was to serve 12 years in prison, after he was convicted of
N7.1bn fraud alongside his firm, Slok Nigeria Limited, and a former
Director of Finance at the Abia State Government House, Jones
Udeogu.
The Supreme Court had ruled that since Justice Idris was
elevated to the Court of Appeal, he had no jurisdiction to have
concluded Kalu’s trial.
The apex court, therefore, nullified the conviction and ordered
a retrial.
Justice Mohammed Liman of the Lagos Division of the Federal High
Court on Tuesday ordered the immediate release of Orji Kalu, a
former governor of Abia State, from the custody of the Nigerian
Correctional Service.
The judge delivered his ruling following an application by
Lateef Fagbemi, Mr Kalu’s lawyer, seeking his release from
custody.
“Our application is brought pursuant to Section 159 of the
Administration of Criminal Justice Act,” Mr Fagbemi, a senior
advocate of Nigeria, said.
“This is a fallout of the Supreme Court decision delivered on
the 8th of May.”
Responding, Rotimi Jacobs, the counsel to the Economic and
Financial Crimes Commission, the prosecution, said the anti-graft
agency would not oppose Mr Fagbemi’s application “in
principle.”
“But we are also urging the court that the order made by the
Supreme Court for trial de novo should be complied with by all
parties; so that Your Lordship will give us a date when arraignment
will be done.
“We want the trial to go on, losing more time will be dangerous
for us,” Mr Jacobs, a senior advocate of Nigeria, added.
In his ruling, Mr Liman set aside the trial, conviction and
prison sentence on Mr Kalu, while he also squashed Justice Mohammed
Idris’ verdict on Slok Nigeria Limited.
Mr Idris had ordered the winding up of Slok Nigeria Limited and
ordered that its assets be forfeited to the federal government.
Justice Liman commended the EFCC prosecutor for his “practical
approach” to the case by choosing not to oppose the application,
thereby saving the court time and the rigour of going to trial.
He directed that steps should be taken for the commencement of a
fresh trial.
Senator Kalu, a two-term former governor of Abia State, had
urged the court to set aside his conviction on December 5, 2019, by
Justice Mohammed Idris.
He explained that this became necessary since the Supreme Court,
in its verdict delivered on May 8, 2020, held that Justice Idris
gave the judgment without jurisdiction.
Kalu was to serve 12 years in prison, after he was convicted of
N7.1bn fraud alongside his firm, Slok Nigeria Limited, and a former
Director of Finance at the Abia State Government House, Jones
Udeogu.
The Supreme Court had ruled that since Justice Idris was
elevated to the Court of Appeal, he had no jurisdiction to have
concluded Kalu’s trial.
The apex court, therefore, nullified the conviction and ordered
a retrial.