Home / News / Local /   Kalu’s release: Kinsmen hail Supreme Court’s judgment as lawyers differ on reversal of conviction
Orji Uzor Kalu

  Kalu’s release: Kinsmen hail Supreme Court’s judgment as lawyers differ on reversal of conviction

By Ikenna Uwadileke (Abuja)/Chinyere Omeire (Lagos)

Dr Orji Kalu’s kinsmen on Friday hailed the verdict of the Supreme Court, which nullified the conviction of the former governor of Abia,  who was handed down 12-year jail term for corruption.

This is as some lawyers offered divergent views on the reversal of the conviction of  Senator Kalu. n

In separate interviews with the News Agency of Nigeria (NAN), Kalu’s kinsmen described the judgment as apt and well served.

Elder Uwakwe Okoronkwo, President-General, Igbere Welfare Union, expressed delight over Kalu’s release from prison and pointed out that the judiciary remained the last hope of every Nigerian.

“Thank God the Supreme Court did not compromise but has shown that it is the last hope of the common man.

“We are happy since he has been released and we urge him to continue to represent the interest of  Igbo people and the country,’’ Okoronkwo said.

The court also quashed the conviction of Ude Udeogu, who was a Director of Finance and Accounts at the Abia Government House during Kalu’s tenure.

Justice Mohammed Idris had on Dec. 5, 2019 sentenced the former governor and Senate Chief Whip  to 12 years in prison for allegedly stealing public funds while in office, and Mr Udeogu sentenced to 10 years in prison.

A third defendant, SLOK Nigeria, Kalu’s company was ordered to be winded up and its assets forfeited to the Nigerian government.

They were convicted for defrauding the government of Abia when Kalu was governor.

The Economic and Financial Crimes Commission (EFCC) had brought the criminal charge against the duo for conspiring and diverting N7.6 billion from the coffers of the state.

Chief Ukaegbu Kazi, President-General, Amankalu Igbere Improvement Union, emphasised the need for Kalu to remain committed to championing the cause of Igbo people.

Ukaegbu a retired principal, expressed optimism that Kalu’s release from prison would enable him to be better focused in delivering good representation for his constituents at the National Assembly.

“The manner he was convicted leaves a big question mark and gave a reason for him to always apply caution.

“Kalu must always look and think carefully because this has served as a big lesson being that the people he helped turned back and stabbed him at the back,’’ Kazi said.

Chief Kalu Ogbonnaya, a Kano based business man of Igbere extraction, also commended the Supreme Court for the judgment.

He said “in as much as the EFCC intends to re-arraign him, Kalu will still be free at the end.’’

Ogbonnaya said that the arraignment was a plot to destabilise him from contesting for the presidency in 2023.

“It is the work of the enemy and a ploy to stop him from contesting in 2023, but I urge him to go ahead to contest,’’ Ogbonnaya said.

Similarly, Elder Adiele Udeogu, former Chairman, Igbere Welfare Union, Abuja Branch, said that Kalu’s kinsmen would continue to give him the needed support to enable him accomplish his political ambition.

“We will always support him to enable him forge ahead and render service to humanity.

“We are also happy that he is out of prison and not disturbed that the EFCC plans to re-arraign him,’’ Udeogu said.

This is as some lawyers in Lagos on Friday expressed different views on the nullification of Kalu’s conviction by the Supreme Court.

In interviews with the News Agency of Nigeria (NAN) in Lagos, some of them said that the Supreme Court’s decision was expected while others said that the apex Court’s nullification of the conviction on technical grounds was worrisome.

The Supreme Court on Friday nullified the Dec. 5, 2019, judgement of the Federal High Court which convicted Kalu and Ude Udeogu, a former Director of Finance and Accounts in Abia Government House, of N7.1 billion fraud.

Justice Mohammed Idris of the Federal High Court in Lagos sentenced Kalu, a serving senator, to 12 years’ imprisonment and sentenced Udeogu to 10 years’ imprisonment.

The Supreme Court, however, nullified the judgement and ordered retrial of the case on grounds that the trial judge was no longer in the Federal High Court at the time he delivered the judgement.

Mr Abiodun Owonikoko (SAN) said that he knew that the judgment of the trial court was technically flawed.

“It was easy to predict that it might not survive on appeal based on the fact that the judge came from the Court of Appeal to conclude and deliver judgment in a criminal trial that he was handling before his elevation to the Court of Appeal.

“The Administration of Criminal Justice Law gave that leeway, but it requires a constitutional amendment to validate it.

“Unfortunately, we did not have such amendment at the material time and sadly, till date .

“All hope is not lost, however; the legislature can be approached to do the needful and render this judgment academic for future cases,” Owonikoko said.

Another lawyer, Mr Chris Ayiyi, told NAN that the apex court did not err in its decision.

“That is the position of the law. As at the time the judge was elevated, he had become funtus officio in that case.

“He could have written the judgment and allowed any judge at the high court to read it,” Ayiyi said.

Reacting, Mr Chibuikem Opara, also a lawyer noted that the apex court relied on technicalities in giving the judgment.

“This reliance on technicalities is becoming too many as it goes a long way to erode public confidence in the judiciary as epitomised by the Supreme Court.

“The earlier we place less reliance on technicalities, the better for Nigeria,”Opara said.

According to him, the trial judge, Idris, began trial in the case while he was a high court judge, but concluded the case by fiat which gave him jurisdiction to conclude the case.

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