Posted on May 08, 2020
The Supreme Court has set aside the December 5, 2019 judgement of the Federal High Court, Lagos in which former governor of Abia State, Orji Uzor-Kalu convicted and sentenced to 12 years imprisonment over N7.2billion fraud.
In a unanimous on Friday by a seven-man panel, the Supreme Court held that the Federal High Court in Lagos, which tried and convicted Kalu, his firm – Slok Nigeria Limited and his former aide, Jones Udeogu, acted without jurisdiction.
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 N7.65billion 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.
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 judgement was on an appeal lodged by Udeogu, challenging the constitutionality of Section 396(7) of the Administration of Criminal Justice Act (ACJA), which was allowed by the court.
In the lead judgement, Justice Ejembi Eko held that Justice Idris, having been elevated to the Court of Appeal, was no longer a Judge of the Federal High Court and therefore acted outside his jurisdiction.
Justice Eko said Section 396(7) of the Administration of Criminal Justice Act (ACJA), 2015, which aempowers the President of the Court of Appeal to issue a fiat to Justice Idris to adjudicate on the case, is a nullity on the grounds that it was in conflict with the provisions of the Constitution.