The human rights lawyer, Mr. Femi Falana (SAN) had faulted the nullification of the conviction of the Nigerian Senator, Orji Kalu, by Nigeria’s Apex court. He made this known on Friday, shortly after Kalu was released by the Supreme Court.
He described the nullification as a demonstration of the Nigerian legal system’s capacity in serving the interest of the pampered member of the ruling class.
Falana in his reaction said that Section 396(7) of the ACJA was introduced to stop rampant instances where criminal cases involving high profile personalities were stalled for a long period due to the elevation of the trial judge to a higher court.
He also recalled how the trial of the former Managing Director of the defunct Intercontinental Bank, Erastus Akingbola, which had been fixed for the final argument was made to start afresh. This was because the then trial judge, Justice Habeeb Abiru, was elevated to a Court of Appeal Bench.
According to him, “The same members of the ruling class have now got the Section of ACJA annulled. Head or tail, the members of the ruling class win, and it is the system that suffers.
“The Nigerian legal system has demonstrated its capacity to function effectively and serve the interests of the pampered members of the ruling class.
“A couple of months ago, ex-Emir Lamido Sanusi’s ex parte application to secure his personal liberty from illegal banishment was assigned, heard and granted the day it was filed at the registry of the federal court. On that same day, the certified true copy of the court order was obtained, served, and obeyed by the detaining authorities.”
Falana also noted that Kalu’s appeal against his conviction and sentence was still pending at the Court of Appeal, while the proceedings of the trial court were halted on the basis of the appeal files by his co-defendant, Jones Udeogu.
He said, “Notwithstanding the order of the Supreme Court that the trial is commenced de novo (afresh), the case will not be concluded soon.
“Once again, the trial will have to go back to the Supreme Court!”
