The Economic and Financial Crimes Commission (EFCC) has said that the judgement of the Supreme Court, Friday, quashing the conviction of former governor Orji Uzo Kalu is “unfortunate” and “a technical ambush,” promising to begin an immediate and fresh re-trial of the case.
In a statement by Dele Oyewale, its Head, Media & Publicity, the EFCC said that the evidences that led to the conviction of Kalu, to 12 years in prison are “overwhelming ” and the charges still subsist, as the apex court did not acquit him of them.
Kalu, his company, Slok Nigeria Ltd and Jones Udeogu, a former Director of Finance and Account of the Abia State Government were on December 5, 2019 sentenced by Justice Mohammed Liman then of the Federal High Court in Lagos for allegedly stealing about N7.2 billion from Abia state treasury.
But Justice Amina Augie who led a seven-man panel of Justices of the Supreme Court to review the judgement held that the trial Justice, Mohammed Liman, acted without jurisdiction.
“Liman was no longer a judge of the Federal High Court as at the time he sat and delivered the judgement that convicted the defendants…,“ Supreme Court said.
According to the judgement, `Justice Liman, having been elevated to the Court of Appeal before then, lacked the powers to return to sit as a High Court Judge.
“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.
On Dec. 5, 2019, the Federal High Court in Lagos sentenced Kalu, to 12 years’ imprisonment for N7.2 billion fraud and money laundering.
Full text of EFCC statement reads:
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 Accounts 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 Idris, 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.
Full Statement shortly.
Dele Oyewale
Head, Media & Publicity
08/05/2020.
