The Economic And Financial Crimes Commission (EFCC) has reacted to the judgment of the Supreme Court which set aside the 12-years prison sentence of former Abia State Governor, Senator Orji Uzor-Kalu, saying they are now set to commence fresh and immediate Re-trial of the Senator.
The anti-graft agency in a statement released on Friday 8th May 2020, 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 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 commission said.
Stating further, the Commission said:
“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” the Commission added.
In a unanimous judgement on Friday by a seven-man panel, led by Justice Amina Augie, the Supreme Court held that the Federal High Court in Lagos, which tried and convicted the Ex-Abia State Governor, Orji Kalu, his firm – Slok Nigeria Limited and his former aide, Jones Udeogu, acted without jurisdiction.
The Supreme Court then proceeded to set aside the judgement that convicted the defendants and ordered a fresh trial of the defendants by another judge.
The Court was of the view that Justice Mohammed Idris, who conducted the trial, was no longer a judge of the Federal High Court as at the time he sat and delivered the judgement that convicted the defendants for allegedly stealing about N7.1billion from Abia state treasury.
The Supreme Court added that Justice Idris, having been elevated to the Court of Appeal before then, lacked the powers to return to sit as a High Court Judge.
The Court said the fiat that was issued to Justice Idris by the Court of Appeal President, pursuant to Section 396(7) of the Administration of Criminal Justice Act was unconstitutional.
A Federal High Court in Lagos had on December 5, 2019, sentenced Ex-Abia State Governor Orji Kalu, to 12 years’ imprisonment for N7.2 billion fraud and money laundering.
The court convicted Kalu, now a senator, on all the 39 counts preferred against him by the Economic and Financial Crimes Commission charge. 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.