The Federal High Court sitting in Lagos, Nigeria, on Tuesday ordered the release of a former governor of Abia State, Orji Uzor Kalu, from prison.
Recall that Kalu was jailed for 12 years in December 2019, for N7.1bn fraud alongside his firm, Slok Nigeria Limited, and a former Director of Finance at the Abia State Government House, Jones Udeogu.
But in an appeal by Udeogu that the judge who convicted them had been elevate to the Court of Appeal at the time he sentenced them, the Supreme Court, in a May 8, 2020 judgment, nullified the trial and conviction of Kalu and others on the grounds that the judge who handled the case lacked jurisdiction.
On Tuesday, Kalu’s counsel, Chief Lateef Fagbemi SAN, urged Justice Mohammed Liman to release the ex-governor from prison custody, based on the pronouncement of the Supreme Court in Udeogu’s appeal.
“Our application is brought pursuant to Section 159 of the Administration of Criminal Justice Act.
“This is a fallout of the Supreme Court decision delivered on the 8th of May,” Fagbemi said.
Responding, the prosecuting counsel for the Economic and Financial Crimes Commission, Mr Rotimi Jacobs SAN, the anti-graft agency would not, in principle, oppose Fagbemi’s application for Kalu’s release from prison.
“But we are also urging the court that the order made by the Supreme Courtv for trial de novo should be complied with by all parties; so that Your Lordship will give us a date when arraignment will be done.
“We want the trial to go on; losing more time will be dangerous for us,” Jacobs added.