By Adesina Soyooye
But for inexplicable ignorance, Senate Chief Whip, and former two-time Abia State Governor, Senator Orji Kalu, would have been released from jail since May 8 – long before the freedom given to him on Tuesday, June 2, by a Lagos Federal High Court, presided over by The Hon. Justice Mohammed Liman.
Kalu was, on December 5, 2019, convicted and jailed for 12 years by the Hon. Justice Mohammed Idris, also of a Lagos Federal High Court.
Convicted along with Kalu were Mr. Jones Udeogu, Director of Finance, Government House, when Kalu was Governor, and Kalu’s business empire, SLOK, Nig. Ltd.
Udeogu was jailed for 10 years, while SLOK was forfeited to the Federal Government.
The case was instituted against them by the Economic and Financial Crimes Commission, EFCC. The Commission accused them of corruption and embezzlement of public funds while Kalu was Governor.
The case had been on since 2007. So, when the trial Judge, Idris, was elevated to the Court of Appeal, just when the case was coming to an end, Kalu’s Counsel, Chief Goddie Uche, SAN, wrote to the then President of the Court of Appeal, asking for a fiat to enable Idris deliver judgement in the case which had lasted for so long. The fiat was granted.
On December 5, when Idris delivered the judgement, he convicted and jailed them.
But Udeogu filed an appeal at the Supreme Court, pleading that Idris no longer had jurisdiction to deliver judgement on the case, having been elevated to the Court of Appeal.
On May 8, 2020, the Supreme Court agreed with Udeogu, and quashed the conviction by Justice Idris.
And, Kalu celeberated. He issued a statement, saying he had learnt his lesson.
But days turned to weeks, and Kalu was not released. Only Udeogu was released, prompting many to ask: What the problem was.
It turned out it was an inexplicable ignorance and/or big mistake. Kalu was not part of the appeal filed by Udeogu, challenging Justice Idris’ judgement at the Supreme Court.
How his lawyers ignored that option, and thereafter, did not tell him he was not part of the process, and allowed him to issue a statement thanking the Supreme Court Justices for standing up for Justice, is an explanation only they can give.
However, about two weeks later, Kalu went back to the Federal High Court, pleading illegal detention, and asking to be released, based on the Supreme Court May 8, 2020 judgement which said Idris lacked the jurisdiction over the case. His Counsel, Chief Lateef Fagbemi, SAN, argued before Justice Liman, on Tuesday, June 2, that the application for Kalu’s release “is brought pursuant to Section 159, of the Administration of Criminal Justice Act., and a fall out of the Supreme Court’s decision delivered on the 8th of May”.
The EFCC Counsel, Mr Rotimi Jacobs, SAN, did not object to Kalu’s release. But he urged the Court that “The order made by the Supreme Court for trial de novo should be complied with by all parties, so that Your Lordship will give us a date when arraignment will be done.
“We want the trial to go on. Losing more time will be dangerous for us”, the EFFC Counsel submitted.
Justice Liman, therefore, set Kalu free, with immediate effect.
No date has been fixed for a retrial as ordered by the Supreme Court.
