Professor of law, Itse Sagay SAN has shared his thoughts on the Supreme Court judgment of May 8 which nullified the trial and conviction of a former Governor of Abia State Orji Kalu, and Ude Jones Udeogu, a former Director of Finance in Abia State Government over N7.1bn fraud.
Reacting to the Supreme Court’s judgement in a statement released on Monday May 18, Sagay who is also the Chairman of the Presidential Advisory Committee Against Corruption (PACAC) said the decision “clearly led to injustice”. He averred that justice was not done to the Nigerian society whose patrimony was looted to the detriment of the welfare of the public.
Prof Sagay said: “There is absolutely no reference in the constitution to the position of a promoted judge going back to the High Court to complete a 90 per cent heard corruption case to enable litigation to come to an end.
“The provision in Section 253 is simply intended to establish that, unlike the Court of Appeal and the Supreme Court, a High Court can be constituted by a single judge. No more no less.
“How can the highest court of the land spring out a technicality to inflict such a terrible wound on our criminal justice system?
“Should the Supreme Court not be using all its knowledge, power and authority to ensure that looters of public funds are brought to justice?
“What message was the court sending out to the Nigerian public and the world by employing a technicality to save those convicted of financial crimes against the nation and people of Nigeria?
“This decision is contrary to the mission of the Supreme Court in Nigeria. It has clearly led to injustice.
“It flies in the face of what the court stands for and is in direct conflict with the position of the great Justices of this very Supreme Court in an era now nostalgically referred to as the ‘Golden Age’ of the Supreme Court.
“At the high level of the Supreme Court, against whose judgments there can be no appeal, it is mandatory that the Justices must consider the consequences and impact of their judgments, in order to avoid public injury, and sending the wrong message to potential violators of critical social norms.
“It is alright for a lawyer fresh from the Law School or a young, newly appointed judge to indulge in 2 + 2 equals 4 types of judgment.
“As he gains experience and progresses up the ladder of authority, he must add the norms and values of society to his judgments.
“At that level, a judgment must be based on justice, merit, not on technicalities.
“All the legal justifications adduced for this shocking decision hold no water.”
Recall that Orji Uzor Kalu has recently hired a 12-man team of lawyers including six Senior Advocates of Nigeria (SAN), to secure his release from prison.