Orji Uzor Kalu heads to High Court, Read details of his demand
Afnews Editor
May 18, 2020
A convicted former Governor of Abia State, Dr. Orji Uzor Kalu, has hired a 12-man team of lawyers, including six Senior Advocates of Nigeria (SAN)s, to secure his release from prison.
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Orji, the Senate's Chief Whip, is serving a 12-year jail term at the Kuje Custodial Centre, Abuja, for looting N7.65billion belonging to the Abia State Government during his eight years in office.
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He filed a motion on notice on May 12 at the Federal High Court in Lagos, asking it to set him free.
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Justice Mohammed Idris, who convicted Kalu last December 5 while a Justice of the Court of Appeal, will not hear this fresh release bid.
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It was gathered that the case has been assigned to Justice Mohammed Liman.
Justice Idris convicted the Senator on each of the 39 counts.
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He also found Kalu's co-defendants - a former Abia State Director of Finance and Accounts during Kalu's tenure, Udeh Udeogu, and Kalu's firm, Slok Nigeria Ltd - guilty on all counts.
Ude bagged 10- year imprisonment but the Supreme Court set him free on May 12 after declaring the trial a nullity for want of jurisdiction.
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Kalu, in his motion on notice against the Federal Government, is seeking to set aside his trial and conviction.
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The motion, for Charge No FHC ABJ/CR 56/2007, was signed by Prince Lateef Fagbemi SAN on behalf of 11 other lawyers.
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They are: Prince Lateef Fagbemi SAN; Awa Kalu SAN; Chris Uche SAN; Dr. U. Olatoke, SAN; Chef H.O Alolabi, SAN; Sylvester Elema SAN; Ikoro N. A. Ikoro; Omosanya Popoola; C. Obidike; Nnamdi Awa Kalu; Vivien Udora and A S. Amire.
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They argued that no legal basis exists for Kalu's continued incarceration because the Supreme Court on May 8 declared his trial a nullity and freed his co-defendant Jones Udeogu.
It was brought pursuant to Section 180 of the Administration of Criminal Justice Act (ACJA).
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In it, Kalu prayed the court for four reliefs:
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"An order setting aside the judgment of this Honourable Court dated the 5 day of December, 2019, under the hand of Hon Justice M.B. Idris, JCA the same having been given without jurisdiction:
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"An order setting aside the trial and conviction of the Applicant - The order of conviction having been made without jurisdiction
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"An order setting aside the sentence passed on each of the counts as applicable to the Applicant in the 39-count charge in charge No: FHC ABJ/CR 56/2007 - the sentences having been imposed without jurisdiction.
"An order directing that the Applicant be released forthwith, from the custody of the Nigerian Correctional Service Kuje Abuja FCT."
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He canvassed five grounds upon which the application was brought.
They are that he and his co-defendants "were tried and convicted at the Federal High Court by Justice Idris who in the course of trial was elevated to the Court of Appeal.
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"The learned trial judge who conducted the trial has been held to have acted without jurisdiction in Suit No: SC.62C/2019 Udeh Jones Udeogu V Federal Republic of Nigeria, a Supreme Court decision dated the day of May. 2020
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"The unassailable position of the law is that any judicial proceedings conducted without jurisdiction - no matter how well conducted - is a nullity
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"The joint trial of the Applicant with the 2nd and 3rd Defendants/Respondents having been pronounced a nullity by the Supreme Court, entities the Applicant to a release from his custodial sentence."
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The motion will be heard this month, but the day will be communicated to the parties.
Credit
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— Afnews Editor