The Economic and Financial Crimes Commission (EFCC) has said it is ready for a retrial after the Supreme Court judgment that voided a federal high court judgment that sent former Abia State Governor, Orji Uzor Kalu, to 12 years imprisonment.
In a statement by its spokesman, Mr. Dele Oyewale, the commission said,”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.”
Recall that the Supreme Court nullified the judgment which convicted the former Governor of Abia State, Orji Uzor Kalu.
A seven-man panel of the apex court also set aside the judgment which convicted Ude Udeogu, a former Director of Finance and Account at the Abia State Government House.
The Supreme Court gave the judgement on Friday, more than one year after both men were convicted of corruption allegations levelled against them by the Federal Government.
Justice Mohammed Idris of the Federal High Court in Lagos had sentenced Senator Kalu to 12 years imprisonment in his judgement delivered on April 24, 2019.
He had also sentenced Mr Udeogu to 10 years imprisonment on the same day.
Displeased with the judgement of the Federal High Court, Kalu and Udeogu filed an appeal to challenge their sentencing at the Supreme Court.
The apex court, in a unanimous verdict on the appeal delivered by Justice Ejembi Eko, declared that the conviction of the appellants was null and void.
Justice Ejembi Eko, who delivered the lead judgment also declared as unconstitutional the provision of section 396(7) of the Administration of Criminal Justice Act, 2015, on which the then President of the Court of Appeal, Justice Zainab Bulkachuwa (retd), relied on to authorise Justice Idris to return to the Court of Appeal to conclude the trial.
Justice Eko explained that the declaration was on the ground that Justice Mohammed Idris was already a Justice of the Court of Appeal, as at the time he delivered the judgment sentencing the appellants.
He held that a Justice
The Economic and Financial Crimes Commission (EFCC) has said it will appeal the Supreme Court judgment that voided a federal high court judgment that sent former Abia State Governor, Orji Uzor Kalu, to 12 years imprisonment and ordered his retrial.
In a statement by its spokesman, Mr. Dele Oyewale, the commission said,”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
The Economic and Financial Crimes Commission (EFCC) has said it will appeal the Supreme Court judgment that voided a federal high court judgment that sent former Abia State Governor, Orji Uzor Kalu, to 12 years imprisonment and ordered his retrial.
In a statement by its spokesman, Mr. Dele Oyewale, the commission said,”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.”
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.”
the Court of Appeal cannot operate as a judge of the Federal High Court.
The apex court, therefore, ordered the Chief Judge of the Federal High Court to reassign the case for trial.
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