Today, Friday, May 8, the Supreme Court nullified the sentence and conviction of ex-governor of Abia state, Senator Orji Kalu and Udeh Udeogu by Justice Mohammed Idris of the Lagos division of the Federal High Court.
It would be recalled that they were sentenced to 12 years in prison for N7.65 billion fraud.
In his judgement, Justice Idris had convicted and sentenced the first defendant, Senator Kalu, to five years imprisonment on counts 1, 2, 3, 4, 6, 7, 8, 9, 10 and 11; three years on counts 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33; 12 years on counts 34, 35, 36, 37 and 38 and five years on count 39.
All the sentences were to run concurrently meaning he would be in prison for 12 years from the day of conviction.
The second defendant was convicted and sentenced to three years imprisonment on counts 24, 25, 27, 28, 30, 31, 32 and 10 years on counts 34, 37, 38 and 39.
The sentences will run concurrently meaning he would be in jail for 10 years.
Justice Idris further held that Mr Kalu’s company, Slok Nigeria Limited, the third defendant, be wounded up and all assets forfeited to the federal government.
But in a unanimous judgment on Friday, 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 jurisdiction.
The apex court further held that section 396(7) of the Administration of Criminal Justice Act (ACJA), 2015 which allows the President of the Court of Appeal to issue a fiat to Justice Idris to adjudicate on the case is a nullity as it conflicts with the provisions of the 1999 constitution.
Meanwhile, the court had ordered the case file be remitted to the Chief Judge of the Federal High Court for re-assignment to another judge of the court for fresh trial.
