Why S’Court quashed Orji Kalu’s conviction
.EFCC kicks, returns to court
I’ve learnt invaluable lessons in prison-ex-Abia Gov
Facts emerged on Friday on why the Supreme Court quashed the conviction of former governor of Abia State, Senator Orji Uzor-Kalu, over corruption charges.
Recall that a Federal High Court in Lagos presided by Justice Mohammed Idris had on December 5, 2019 convicted the the former Abia State governor and other defendants for allegedly stealing about N7.1 billion from Abia State treasury.
Though reprieve came to the former Abia State governor on Friday with the Supreme Court quashing of his 12 years jail term, the prosecuting agency, the Economic and Financial Crimes Commission (EFCC), said it is returning to the Federal High Court immediately to prove its case that he committed the crime.
In a unanimous decision on Friday, a seven-man panel of Justices of the Supreme Court led by Justice Amina Augie, held that the Federal High Court in Lagos presided by a serving Justice of Court of Appeal, Justice Mohammed Idris, acted without jurisdiction when it convicted Kalu, his firm, Slok Nigeria Limited and former Director of Finance in Abia State, Jones Udeogu.
Supreme Court said that trial Court Justice Mohammed Idris 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.
According to the Supreme Court, Justice Idris, having been elevated to the Court of Appeal before then, lacked the powers to return to sit as a High Court Judge.
It held that the Fiat that was issued to him by the former President of the Court of Appeal, Justice Zainab Bulkachuwa, pursuant to section 396(7) of the Administration of Criminal Justice Act was unconstitutional.
The apex court therefore vacated the judgement that convicted the former Abia State governor and other defendants and ordered fresh trial of the defendants by a competent and properly constituted Federal High Court.
Meanwhile, the prosecuting agency, the Economic and Financial Crimes Commission (EFCC), on Friday, said it is returning to the Federal High Court immediately to prove its case that he committed the crime.
EFCC said it considers the judgment of the apex court “as quite unfortunate” and “a technical ambush against the trial of the former governor”.
In reaction to the apex Court judgment, the Commission said “it is prepared for a fresh and immediate trial of the case because its evidences against Kalu and others are overwhelming.”
It maintained that the corruption charges against Kalu still subsist because the Supreme Court did not acquit him of them.
“The entire prosecutorial machinery of the EFCC would be launched in a fresh trial where justice is bound to be served in due course,” the anti-graft agency said.
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Reacting, former governor of Abia State, Senator Orji Uzor Kalu, whose 12 years imprisonment was quashed by the Supreme Court on Friday, said he has learnt invaluable lessons while in prison in the last five months.
In a statement after the Supreme Court judgment, Uzor -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.
“My experience tested and reaffirmed my belief and confidence in our country, Nigeria. My case is a true Nigerian story with a bold MADE-IN-NIGERIA stamp on it. It is a story of initial injustice that was caught and ultimately corrected. It is a story of restoration. It is a story of how a wrong was righted and how justice and truth prevailed in the end” and it is a story of the power of hope”, he added.
“My case should teach us all that even though we may not get things right at the first attempt, with patience and dedication, we shall get them right eventually. That is the lesson of my case and that is the lesson of our country – that with dedication and patience, we shall place Nigeria in its rightful place eventually”.
The two term executive governor of Abia State said also that the events of the past five months gave him an added perspective on matters of justice and injustice in Nigeria.
He added that he has realised that the course of justice will not be complete if it stopped at his case.
“It must continue until it touches the lives of millions of Nigerians who face injustice anywhere in this world,” he said, stating that he is “dedicating his time henceforth to ensuring there will be justice for all Nigerians whether they are in Sokoto or Akwa Ibom or in Lagos or Maiduguri or in Jos or Enugu, or wherever they may be. Justice for one man or for a few people will no longer be enough in this country”.
He added that a system whereby “over 70% of all prison inmates population is made up of people awaiting trial cannot be allowed to continue. Situations where innocent people are falsely charged with murder just to get them out of the way does not dignify our country and cannot continue. Justice must now mean justice for all. That is my pledge to Nigerians.”
He gave thank to his family, his colleagues, his friends, supporters, the people of Abia State, and all Nigerians for their unflinching and unwavering confidence and trust in him “through the very testing period.”
“We all know today that their prayers have not been in vain. I also use this opportunity to express my gratitude to the Nigerian Correctional Service for the unalloyed professionalism and sincere humanity extended to me by its staff while I was in their custody.”
“I must accord a special mention to the Justices of our Supreme Court for their unwavering commitment to rule of law. We all stand reminded of the consistent and strategic relevance of the Nigerian Supreme Court in holding this country together, even in moments of great peril.
” As far back as in the 1971 case of LAKANMI V. ATTORNEY GENERAL OF THE FEDERATION, (the Ademola Adetokunbo-led Court), the Nigerian Supreme Court has severally rescued this country from the precipice. Also throughout the dark era of military rule in Nigeria, the Supreme Court neither wavered nor flinched in its commitment to justice and fairness,” he stated.
He said that despite some moments of distraction and mass hysteria, the Nigerian Supreme Court has remained the veritable compass to the highest ideals of justice attainable in this country.
“This long tradition of the court was exemplified in today’s judgment. I was humbled by the court’s boldness and sense of justice as shown in my case,” he concluded.
