A former Governor of Abia State, Orji Uzor Kalu, is now a free man after the Supreme Court, on Friday, nullified the judgement that convicted and sentenced him to 12 years imprisonment.
The apex court, in a unanimous decision by a seven-man panel of Justices led by Justice Amina Augie, held that the Federal High Court in Lagos acted without jurisdiction when it convicted Kalu, his firm, Slok Nigeria Limited and former Director of Finance in Abia State, Jones Udeogu.
It held that trial Justice Mohammed 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 for allegedly stealing about N7.1billion from Abia state treasury.
According to the Supreme Court, Justice Liman, having been elevated to the Court of Appeal before then, lacked the powers to return to sit as a High Court Judge.
It held that 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.
Consequently, the apex court vacated the judgement that convicted the defendants and ordered fresh trial of the defendants.
It could be recalled that a Lagos Division of the Federal High Court, had on the 5th Thursday December, 2019, sentenced the senator and ex-governor of Abia State, to 12 years in prison for N7.65 billion fraud.
Justice Mohammed Idris who delivered the sentence declared him guilty of the charge in the case that had been on for 12 years as of then.
Mr Kalu was tried alongside his company, Slok Nigeria Limited, and Udeh Udeogu, who was Director of Finance and Accounts at the Abia State Government House during Mr Kalu’s tenure as governor.
In an amended 39 counts charge, they were accused by the Economic and Financial Crimes Commission of conspiring and diverting over N7 billion from the coffers of the state.
In one of the counts, the EFCC alleged that Mr Kalu, who was Abia State Governor between 1999 and 2007, “did procure Slok Nigeria Limited – a company solely owned by you and members of your family – to retain in its account, domiciled with the then Inland Bank Plc, Apapa branch, Lagos, an aggregate sum of N7,197,871,208.7 on your behalf.”
The prosecution claimed that the N7.1 billion “formed part of the funds illegally derived from the treasury of the Abia State Government and which was converted into several bank drafts before they were paid into the said company’s account.”
The prosecuting counsel, Rotimi Jacobs, said the ex-governor violated Section 17(c) of the Money Laundering (Prohibition) Act, 2004, and was liable to be punished under Section 16 of the same Act.
Apart from the N7.1bn, which he was accused of laundering, the ex-governor and the other defendants were also accused of receiving a total of N460 million allegedly stolen from the Abia State Government treasury between July and December 2002.
The prosecutor said they breached Section 427 of the Criminal Code Act, Cap 77, Laws of the Federation of Nigeria, 1990.
However, the defendants pleaded not guilty to all counts.
