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The Supreme Court, on Friday, quashed the judgement that convicted and sentenced the former governor of Abia State, Orji Uzor-Kalu, to 12 years imprisonment.
The apex court, in a unanimous decision by a seven-man panel of justices led by Justice Amina Augie, held that the Federal High Court in Lagos acted without jurisdiction when it convicted Kalu, his firm, Slok Nigeria Limited and former Director of Finance in Abia State, Jones Udeogu.
It held that the trial judge, Mohammed Liman, was no longer a judge of the Federal High Court at the time he sat and delivered the judgement that convicted the defendants for allegedly stealing N7.2 billion from Abia state treasury.
According to the Supreme Court, Justice Liman, having been elevated to the Court of Appeal before he delivered the judgement, lacked the powers to return to sit as a High Court Judge.
It held that the Fiat that was issued to him by the Court of Appeal President pursuant to section 396(7) of the Administration of Criminal Justice Act was unconstitutional.
Consequently, the apex court vacated the judgement that convicted the defendants and ordered a fresh trial.
The Federal High Court sitting in Lagos had on December 5, 2019, sentenced Orji Kalu to 12 years’ imprisonment for N7.2 billion fraud.
The court convicted Kalu, who is the senate deputy chief whip, on all the 39 counts preferred against him by the Economic and Financial Crimes Commission .
Kalu was charged alongside a former Commissioner for Finance, in the state Jones Udeogo, and his company, Slok Nig. Ltd.
While Kalu and his company were found guilty of all the 39 counts, Udeogo was convicted on 34 counts and sentenced to 10 years’ imprisonment.