Emmanuel Thomas l Friday, May 08, 2020
ABUJA, Nigeria – The Supreme Court of Nigeria today invalidated the conviction of former governor of Abia State, Mr. Orji Uzor Kalu. A Federal High Court sitting in Lagos, presided over by Justice Mohammed Idris had on December 5 convicted and sentenced Kalu, his Commissioner for Finance, Ude Udeogo and his Slok Holdings to a period of 12 years imprisonment.
The former Governor then approached Justice Mohammed Liman on December 24 for post-conviction bail. Ruling on the matter, the judge said the sitting senator for Abia North Kalu should remain in prison custody pending the decision of the Court of Appeal where he is challenging his conviction.
Justice Mohammed Liman however granted bail to his former Commissioner for Finance, Udeogwu in the sum of N50 million on the grounds of ill health.
Udeogu had told the court that he had prostate cancer and chronic tuberculosis, which posed danger to other inmates.
Orji Uzor Kalu’s matter was still pending at Appeal when the Supreme Court jumped protocol and ruled on the matter. The question is can a matter from Federal High Court proceed straight to the Supreme Court without being held first by Court of Appeal?
Besides, was it not Justice Mohammed Idris that was elevated to Court of Appeal that can back on Kalu’s request to rule on the matter?
In a unanimous judgement today, the 7-man panel led by Justice Amina Augie, held that the Federal High Court in Lagos acted without jurisdiction when it convicted Kalu, his firm, Slok Nigeria Limited and former Director of Finance in Abia State, Jones Udeogu.
According to her, Justice Mohammed Liman was no longer a judge of the Federal High Court as at the time he sat and delivered the judgement that convicted the defendants for allegedly stealing about N7.1billion from Abia state treasury.
The court held that Justice Liman, having been elevated to the Court of Appeal before then, lacked the powers to return to sit as a High Court Judge and 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 vacated the judgement that convicted the defendants and ordered a fresh trial of the defendants. Recall that in December 5, Justice Mohammed Idris of the Federal High Court, Lagos found Orji Uzor Kalu guilty of 39 count charge of fraud for embezzling total sum of N7.65bn.
Orji Uzor Kalu and his Commissioner for Finance, Ude Udeogo, and a company, Slok Nigeria Limited, were tried by the Economic and Financial Crimes Commission(EFCC) on an amended 39-count charge of money laundering to the tune of N7.6bn.
During the trial in March 2018, Compliant officer with First City Monument Bank (FCMB), Olusegun Adesomoju told the court how millions of Naira were paid into the account of Slok Holdings Nigeria Limited, a company belonging to the former Governor of Abia State, Mr. Orji Uzor Kalu, while he was the governor of the state.
Adesomoju, who was led-in-evidence by the prosecutor, Mr. Rotimi Jacobs (SAN), narrated to court how several millions were paid through bank drafts into Sloks Nigeria Limited’s account domiciled in Apapa branch of First inland Bank, between 2001 to 2005.
According to him, between August 16 till December 6, a total sum of N110 million were paid in tranches of N20 million, N13 million, N17 million, and N40 million.
He also narrated before the court how N200 million, N550 million, N157 million, and N134 million, were also paid in tranches between 2002 to 2005, into the account of Slok Nigeria limited, through bank drafts
