By Onyewuchi Ojinnaka
Justice Mohammed Liman of a Federal High Court sitting in Lagos South West Nigeria on Tuesday June 2 ordered immediate release of former governor of Abia State and Senate Chief whip, Senator Orji Uzor Kalu.
The judge further ordered that trial of Orji Kalu should start afresh along side the former Director of Finance in Abia State Government House, Ude Jones Udeogu in line with the judgement of the Supreme Court judgement of May 8 which declared Udeogu’s trial, conviction and sentence as nullity.
The presiding judge made the order after listening to the argument and submission of Kalu’s counsel, Lateef Fagbemi (SAN) leading four other lawyers.
EFCC prosecuting counsel Rotimi Jacob (SAN) however, did not oppose the application as he told the court that he does not want to waste any time for the trial to start afresh.
In his ruling Justice Liman said, ” the application of the applicant Orji Uzor Kalu is meritorious and hereby granted accordingly as prayed, therefore he should be released from the Kuje correctional services soonest.
“EFCC should take steps for his re-arraignment so that his trial can start afresh.
Orji is serving a 12-year jail term at the Correctional Service Centre in Kuje, Abuja having been convicted by Justice Mohammed Idris (JCA) for looting N7.2 billion belonging to the Abia State Government.
The former governor now a Senator of the Federal Republic of Nigeria hired a 12-man team of lawyers who filed application asking for his release The application pending before Justice Mohammed Liman was filed on May 12 asking the court to nullify his conviction, sentence and release him.
Recall that Justice Mohammed Idris who was elevated to Court of Appeal, had on December 5, 2019, convicted Kalu and a former Director of Finance in the Abia State Government House, Ude Jones Udeogu of the offence of fraud. Udeogu was sentenced to 10 years imprisonment.
However, following Udeogu’s appeal, the Supreme Court on May 8, 2020 declared that the fiat issued to Justice Idris by the president of Court of Appeal to conclude the case after he had been elevated to the Court of Appeal was unconstitutional and therefore the trial and conviction of the appellant was “a nullity”.
The apex court set aside Idris’ verdict “as it relates to the appellant’s (Udeogu) conviction.”
Consequently the court ordered that Udeogu should be released and face retrial for his case. However, Kalu who was not part of this appeal contended that no legal basis exists for his continued incarceration following the Supreme Court’s judgment which declared the whole trial a nullity and freed Udeogu.
