The Supreme Court has set aside the conviction of former Abia State Governor, Orji Uzor -Kalu, that sent him to 12 years imprisonment.
In a unanimous judgement on Friday, a panel of 7 Justices of Supreme Court set aside the judgment of the Federal High Court as a nullity.
Justice Ejembi Eko who read the lead judgement held that Justice Mohammed Idris having been elevated to the bench of the Court of Appeal was no longer a Judge of the Federal High Court and therefore acted out of jurisdiction.
The apex court further held that Section 396 (7) of the Administration of Criminal Justice Act (ACJA), 2015 which allows the President of the Court of Appeal to issue a fiat to Justice Idris Mohammed to adjudicate on the case is a nullity as it conflicts with the provisions of the 1999 Constitution.
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It held that the Fiat that was issued to him by the Court of Appeal President pursuant to Section 396 (7) of the Administration of Criminal Justice Act was unconstitutional.
Consequently, the apex court ordered fresh trial of the defendants as it vacates the earlier judgement by the lower court.
Kalu, who was Abia State Governor between 1999 and 2007, was first arraigned in 2007 over allegation of N7.65 billion money laundering before Justice Adamu Bello but several adjournments and transfer of judges stalled the trial.
He was re-arraigned in July 2019 on a 39-count amended charge by the Economic and Financial Crimes Commission, EFCC.
(Editor: Terverr Tyav)
