We will release Kalu when, Nigerian Correctional Service explains

The Nigerian Correctional Service NCoS has said that it was holding unto Sen. Orji Uzor Kalu whom the Supreme Court, on Friday, had nullified the judgment that convicted and sentenced the former governor of Abia State, to 12 years imprisonment and also ordered fresh trial. due to the fact that his release papers was yet to get them.

Kalu, his firm, Slok Nigeria Limited, and Jones Udeogu, a former Director of Finance and Account of Abia State, were in December sentenced to 12 years imprisonment for alleged N7.2 billion fraud and money laundering.

The NCoS said the certified true copy of the judgment of the apex court authorising Kalu’s release from its custody has not gotten to the agency and that when the papers were transmitted and his name is mentioned as someone to be released, he will be released.

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The NCoS also said that the law does not permit the body to do that and that it has no business in keeping him. “.

Justice Amina Augie who led a seven-man panel of Justices on Friday had held that the trial Justice Mohammed Liman of the Federal High Court in Lagos acted without jurisdiction.

“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 N7.1 billion from Abia state treasury, his firm, Slok Nigeria Limited and former Director of Finance in Abia State, Jones Udeogu.

According to the judgement, `Justice Liman, having been elevated to the Court of Appeal before then, lacked the powers to return to sit as a High Court Judge.

“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.

Public Relations Officer of the Service, DCC Austin Njoku said on Monday night said that the NCoS was yet to receive the certified true copy of the judgment of the apex court authorising the said release from its custody.

He said; “How can we refuse to release him? What is our business with the judgment of the court? We have no business in keeping anybody at will. We were not at the Supreme Court. Our own is when they bring the papers for us to release him. The judgment was just on Friday. If papers are transmitted and his name is mentioned as someone to be released, we will release him. We do not keep people against the law. The law does not permit us to do that. We have no business in keeping him. If they bring the papers to us, we will authenticate the papers to ascertain that it is from a reliable source and we will release him”.

There have been some online reports that the NCoS was refusing to release Kalu because he was a respondent and not an appellant in the case that the apex court decided on Friday.

But the Economic and Financial Crimes Commission (EFCC) has said that it is set for the immediate retrial of the former governor of Abia State, Orji Uzor-Kalu, whose trial and conviction processes were voided on Friday by the apex court.

Reacting to the judgment in a statement, EFCC’s Spokesman, Mr Dele Oyewale, on Friday said the commission expressed sadness over the nullification of Kalu’s conviction by the Supreme Court.

Oyewale stated that 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.

“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 retrial of the case because its evidences 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 will be launched in a fresh trial where justice is bound to be served in due course,” he said.