On Friday, The West African Pilot News exclusively reported the released of the Nigerian Senator, Orji Kalu, who had been convicted and sentenced to prison by the Nigerian apex court
Kalu, along with others were convicted and sentenced to 12 years imprisonment for the fraud of ₦7.1bn on December 5, 2019.
However, in a unanimous judgement of a seven-man panel led by Justice Olabode Rhodes-Vivour, the Supreme Court nullifies the trial, which includes the conviction and sentencing. It argued that it was unconstitutional for Justice Mohammed Idris to return from the Court of Appeal bench to the Federal High Court to conclude the trial.
It then ordered a fresh trial of Kalu and his co-defendants.
This decision of the Apex Court had made us bring some facts about the case to your notice. This includes human rights’ perception of the Nigerian justice system, implications of, and contradictions in the trial.
The Supreme Court Nullified Section 396(7) of the Administration of Criminal Justice Act 2015
Many Nigerians before now have always wanted our Justice system to prosecute corrupt politicians. They always worry about the delay in the Nigerian justice system.
However, the progress recorded in Kalu’s case was reversed on Friday when the Apex Court nullified the conviction and sentence of the former Governor of Abia State.
The West African Pilot News had learned that the Supreme Court decision nullified Section 396(7) of the Administration of Criminal Justice Act, 2015. This act made it possible for the Justices to continue handling the cases after their elevation to the Court of Appeal Bench.
Section 396(7) was one of the innovative provisions contained in the Administration of Criminal Justice Act, enacted in 2015 to address delays and other challenges confronting criminal trials in the Nigeria justice system.
Kalu and Udeogu in 2018 Demanded that Justice Idris to Conclude the Trial
The West African Pilot News also learned that Kalu and his co-defendants, Jones Udeogu, had once applied to the then President of the Court of Appeal, Justice Zainab Bulkachuwa (retd), to issue a fiat to Just Mohammed Idris to conclude the trial.
However, the duo turned around to challenge the constitutionality of the fiat after it was issued to Justice Idris. Thus, halting the progress that was made.
Interestingly, Justice Ejembi Eko, who delivered the Supreme Court’s lead Judgement on Friday said “Neither the Administration of Criminal Justice Act nor any other statutes, including the Court of Appeal Act, authorizes the President of the Court of Appeal to give fiat to a Justice of the Court of Appeal to return to the Federal High Court and perform the functions of the Federal High Court judge.
“The President of the Court of Appeal, not having such authority, acted ultra vires the power of her office when she gave authority to Justice M.B. Idris to conclude the trial.
“The President of the Court of Appeal does not have the power to assign a case to the Federal High Court judge. Also, the Federal High Court Chief Judge cannot meddle in the internal affair of the Court of Appeal.”
The Supreme Court Judgement on Kalu Will Affect Over 50 Cases
It has also been reported that the Judgement of the Supreme Court on Friday will affect over 50 cases that had already made progress in the Nigeria justice system.
The Punch on Sunday reported that the nullification of the trial and conviction of Orji Kalu will result in automatic reversal of progress already recorded in at least 50 criminal cases that are pending or already concluded at various High Court in the country.
The report read in part “The progress recorded in the over 50 cases are attributable to the authorities given to about eight Justices of the Court of Appeal to return to their previous positions as High Court judges to conclude the cases which they were handling before their elevation to the higher bench.”
Human Rights Lawyers Had Faulted the Decision
Human rights lawyers in Nigerian had faulted the decision of the Supreme Court. One of the prominent ones, Mr. Femi Falana, was reported on Saturday by The West African Pilot News.
Falana had commented on the case, saying that the nullification is a demonstration of the Nigerian justice system serving the interest of the pampered members of the ruling class. Read the full report in theWest African Pilot News.
The West African Pilot News had also learned that Kalu crossed to the ruling All Progressive Congress (APC) before 2019 elections where he contested as Senator to represent Abia North Senatorial District and won.
Prior to the Judgement in December, Sahara Reporters reported that the APC Leadership was putting pressure on Justice Idris to free Kalu.
The online medium quoted its sources that “Orji Kalu has invested heavily in the party and it’s time for the party to show appreciation for his service and investments.”
Kalu’s Trial Started in 2007
The Economic and Financial Crime Commission arraigned Kalu, his firm, Slok Nigeria Limited, and Udeogu at the Federal High Court, Abuja in 2007. Udeogu served under Kalu as the Director of Finance and Account at the Abia State Government House in Umuahia.
The case was later transferred to Lagos Division of the Federal High Court on a request by the EFCC and was assigned to Justice Idris.
Kalu and his co-defendant’s file no-case submission when the EFCC closed the case with 19 witnesses.
However, Justice Idris was elevated to the Court of Appeal bench in June 2018 before he could hear and rule on the no-case submission.
However, Kalu’s lawyer, Professor Awa Kalu (SAN), quickly activated the 396(7) of the ACJA and applied to the Appeal Court’s President, Justice Zainab.
The appeal is for Justice Zainab to give fiat to Justice Idris for him to return to the High Court to conclude the case. This then prevented the case from being transferred to another judge to start afresh.
