Supreme Court orders retrial of Orji Kalu’s case
By Kunle Ilyasu
The Supreme Court, on Friday, quashed the judgment that
convicted and sentenced the former governor of Abia State, Orji Uzor-Kalu, to
12 years imprisonment.
The apex court, in a unanimous decision by a seven-man panel
of Justices led by Justice Amina Augie, held that the Federal High Court in
Lagos acted without jurisdiction when it convicted Kalu, his firm, Slok Nigeria
Limited and former Director of Finance in Abia State, Jones Udeogu.
It held that trial Justice Mohammed Liman 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
N7.1billion from Abia state treasury.
According to the Supreme Court, Justice Liman, 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 Court of
Appeal President pursuant to section 396(7) of the Administration of Criminal
Justice Act was unconstitutional.
Consequently, the apex court vacated the judgement that
convicted the defendants and ordered fresh trial of the defendants.
Supreme Court orders retrial of Orji Kalu’s case
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