By Adesina Soyooye
Senate Chief Whip, and former Governor of Abia State, Chief Orji Uzor Kalu, who is still in jail, days after he, and everybody, thought he had been granted freedom by the Supreme Court, has gone back to a High Court, asking the Court to enforce his fundamental rights. He says he is being held illegally.
The Senator was, on December 5, sentenced to a 12-year jail term by a Federal High Court, Lagos. The Hon. Justice Mohammed Idris had found him guilty of curruption to the tune of over N7 billion while he was Abia state Governor. Aside from sentencing him to jail, he also ordered the forfeiture of his multi-billion Naira business empire, SLOK Group of Companies, to the Federal Government. Convicted along with Orji, in the case brought against them by the EFCC, was the Director of Accounts, Government House, during Orji’s tenure as Governor, Mr Udeogu.
But five months into serving their sentences, pending their appeal to the Appeal Court, a seven-member panel of the Supreme court quashed the conviction on the grounds that Justice Idris, having been elevated to the Court of Appeal, no longer had any jurisdiction to deliver the judgement at the lower Court, even though he was the one who handled the case until it got to the stage of judgement delivery. The Supreme Court, therefore, ordered that the case be started afresh at the Federal High Court.
Ironically, it was Kalu’s Counsel, Gordy Uche, SAN, who wrote to the President, Court of Appeal, requesting that Idris be given a fiat to deliver the judgement, since the case was finally coming to an end, having started since 2007. The fiat was granted. Having been convicted, it was the fiat, playing the devil’s advocate, that has given the convicts a reprieve.
The judgement was celebrated by Kalu’s family, friends, kinsmen, and political associates. Kalu himself, was, at once, effusive in his praise of the Supreme Court Justices, and humble in his acceptance of the judgement. He said he had learnt his lessons.
But, almost, two weeks after the judgement that everybody thought spelt freedom for Kalu, he is still in prison while Udeogu has been released.
Not a few people thought that the Prison authorities were waiting for the order of warrant of release from the Supreme court before his release. That was, also, the impression “cunningly” created by the Prison Spokesperson, Mr Njoku. But it turns out more than that.
When the order of release, finally, arrvived, Kalu’s name was missing. It was for Udeogu, only. Most people were shocked, including Kalu, who, after four days, and still in jail, asked his supporters to keep calm.
But, here is why.
Kalu did not appeal to the Supreme Court pleading non jurisdiction on the part of Justice Mohammed Idris. Only Udeogu did. The judgement was ,therefore, on Udeogu’s appeal. The victory was for him. He pursued his own case. Indeed, Udeogu had, also, some weeks ago, been granted bail on health grounds. He contracted a bad case of tuberculosis in jail. But he was still not released because he had not met his bail terms. The Supreme Court judgement came to him as a big relief.
When the judgement came, everybody, including an angry EFCC, thought it was for Kalu. The Commission had immediately indicated its readiness to go back to Court and face Kalu. But lawyers say the Supreme Court is not a Father Christmas, and could not have released Kalu who did not ask the Court for anything.
Stung, Kalu had, on Wednesday, gone back to a High Court to ask for the enforcement of his fundamental rights. He says he ought to, and should have gained from the Supreme Court ruling. He, therefore, says he is now an illegal detainee, and, asks to be released from the illegal imprisonment.
The next couple of weeks will tell, as all eyes are, now, focused on the High Court.
