By Onyewuchi Ojinnaka
Respite may have finally come the was of the embattled former governor of Abia State, Senator Orji Uzor Kalu, as a Federal High Court sitting in Lagos on Tuesday ordered the Nigerian Correctional Services to immediately release him.
Kalu is in the Kuje Correctional Service centre following his conviction last December for allegedly looting N7.65 billion belonging to Abia State while he was the governor.
Justice Mohammad Liman granted the lawmaker’s application for release moved by his counsel Lateef Fagbemi.
The judge made the order after he received no opposition to Kalu’s application by the Economic and Financial Crimes Commission (EFCC).
Justice Mohammed Idris of the Lagos division of the Federal High Court had earlier sentenced Kalu and Udeh Jones Udeogu to 12 and 10 years in prison respectively for N7.65 billion fraud and further held that Mr Kalu’s company, Slok Nigeria Limited, the third defendant, be wound up and all assets forfeited to the federal government.
But the Supreme Court quashed the sentences on Friday, May 8.
The judgment of the apex court was a fall out of an appeal lodged by Udeogu challenging the constitutionality of section 396(7) of the Administration of Criminal Justice Act (ACJA), which was allowed by the court.
In a unanimous judgment, a panel of seven Justices of Supreme Court set aside the judgment of the Federal High Court as a nullity.
Justice Ejembi Eko who read the leading judgment 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 the jurisdiction.
Udeogu was released based on that judgement while Kalu was not.
