By Onyewuchi Ojinnaka
The Federal High Court in Lagos Nigeria has fixed June 2 to hear motion on notice filed by convicted former Abia State governor and a Senator of the Federal Republic, Orji Uzor Kalu, seeking his release from prison, following the Supreme Court judgement which declared that the conviction of his co-defendant Jones Udeogu by Justice Mohammed Idris elevated to the Appeal Court was a nullity.
The motion will be heard by Justice Mohammed Liman.
Orji Kalu is serving a 12-year jail term at the Correctional Service Centre in Kuje, Abuja following his trial, conviction and sentence by Justice Mohammed Idris for looting the sum of N7.2 billion from the Abia State treasury.
The Senate’s Chief Whip has hired a 12-man team of lawyers, including six Senior Advocates of Nigeria (SANs), to prosecute his freedom bid.
He filed the motion on May 12 asking the court to nullify his conviction.
Justice Mohammed Idris who had been elevated to Appeal Court but under a fiat to conclude the trial, had last December 5, convicted Kalu and a former Director of Finance in the Abia State Government , Ude Jones Udeogu of the offence. Udeogu bagged 10 years imprisonment.
Following Udeogu’s appeal, the Supreme Court on May 8 held that the fiat issued to Justice Idris to conclude the case after he had been elevated to the Court of Appeal was “a nullity”.
The apex court set aside Idris’ verdict “as it pertains or relates to the appellant (Udeogu)”.
It ordered Udeogu’s freedom and the retrial of his case.
Kalu is now contending that no legal basis exists for his continued incarceration following the Supreme Court’s judgment which declared their trial a nullity and freed Udeogu.
