The Economic and Financial Crimes Commission, EFCC, is angry. Its anger stems from the upturning of the conviction of Senator Orji Uzor Kalu, Friday, by the Supreme Court.
Kalu, a two-time Governor of Abia State, and Senate Chief Whip, in the 9th Assembly, was on December 5, 2019, convicted, and sentenced to a 12-year imprisonment by the Hon. Justice Mohammed Lima of the Federal High Court Lagos. The Court, also, ordered him to forfeit his assets in his multi-billion Naira company, Slok, to the Federal Government.
The EFCC had, successfully, prosecuted Kalu over alleged fraudulent enrichment and corruption, during his tenure as Abia Governor.
But Kalu had appealed to the Supreme Court, insisting that Lima lacked jurisdiction over the case.
In appealing the conviction, Kalu’s Counsel relied on the Constitution of the Federal Republic, which over-rode Justice Lima’ judgement as against a pronouncement by the National Assembly.
To stop the scandalous delays in cases, due to the elevation of a presiding Judge, retirement, or death, which usually meant that the case, would automatically start afresh – even if it had been concluded, and remained only the reading of the judgement – the NASS had made a pronouncement which states that if a trial Judge is elevated, the Judge is permitted to go back to the lower court, continue with the case, and deliver the judgement.
In the instant case, Justice Lima was elevated to the Appeal Court, just before he delivered the judgement. But, based on the NASS pronouncement, he was permitted to go to the lower court and deliver the Judgement.
Here’s the irony, and why on hearing the SC. judgement, a high profile lawyer quipped “The law is indeed an ass”. It was Kalu’s Counsel, Chief Gordy Uche, SAN, who on June 26, 2018, wrote to the President of the Court of Appeal, requesting that Justice Lima be allowed to continue with the case, even though he had been elevated to the Court of Appeal. He cited the number of years the case has lasted in Court as a reason why Lima should continue. The case was filed since 2007!
His request was granted. So Lima, even though elevated to the Court of Appeal, continued with the case at the Federal High Court. The granting of Kalu’s request has turned out to be the prosecution’s nemesis.
The NASS pronouncement is inferior to the Constitution of the Federal Republic, which the Supreme Court relied on to free an excited Kalu, after five months in prison.
He was, however, not acquitted. The SC ordered a fresh trial at the lower Court, an order that has given the EFCC a fresh chance which it has grabbed with two hands and two legs.
The EFCC cried foul, faulting the Supreme Court for setting Kalu free
Dismissing the judgment as “unfortunate and a technical ambush”, the EFCC expressed its readiness to begin the immediate prosecution of Kalu in Court as ordered by the SC.
In a statement signed by its Head of Media and Publicity, Mr. Dele Oyewale, the Commission said:
“The attention of the Economic and Financial Crimes Commission, (EFCC) has been drawn to the judgment of the Supreme Court nullifying the trial of a former governor of Abia State, Orji Kalu , his firm, Slok Nigeria Limited and Jones Udeogu, a former Director of Finance and Account of Abia State Government and ordering their fresh trial at the lower court.
“The apex court based its verdict on the grounds that Justice Mohammed Lima, who convicted Kalu and others had been elevated to the Court of Appeal before the judgment and returned to the lower court to deliver the judgment which it considered as illegal.
“The EFCC considers the judgment of the apex court as quite unfortunate. It is a technical ambush against the trial of the former governor.
“The Commission is prepared for a fresh and immediate trial of the case because its evidences against Kalu and others are overwhelming.
”The corruption charges against Kalu still subsist because the Supreme Court did not acquit him of them.
“The entire prosecutorial machinery of the EFCC would be launched in a fresh trial where justice is bound to be served in due course.”
Meanwhile, Senator Kalu is excited by the freedom given him by the SC.
Looking beyond the upcoming trial, Kalu, in a release, where he said he has learnt his lesson, said he was looking forward to joining his colleagues at the Senate.
A source close to him told this magazine that he would storm the Senate chambers next Tuesday for plenary.
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