The Supreme Court, on Friday, quashed the judgement that convicted and sentenced the former governor of Abia State, Orji Uzor-Kalu, 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.
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.
STATEMENT BY SENATOR (DR.) ORJI UZOR KALU
Abuja, May 8, 2020
Today, the Supreme Court of Nigeria gave a judgement in my favor, quashing the conviction which the lower court had entered against me. By today’s judgment, the Apex court of our dear country affirmed my right to fair hearing and equal protection of the law.
The past five months have been quite a profound period for me. As challenging as that period has been, it has provided me an opportunity to learn invaluable lessons about our country, our peoples, our justice system and the true meaning of love. I mean love for family, love for our country and love for humanity.
I want to use this moment to thank my family, my colleagues, my friends, my supporters, the people of Abia State, and all Nigerians for their unflinching and unwavering confidence and trust in me through the very testing period. We all know today that their prayers have not been in vain. I also use this opportunity to express my gratitude to the Nigerian Correctional Service for the unalloyed professionalism and sincere humanity extended to me by its staff while I was in their custody.
I must accord a special mention to the Justices of our Supreme Court for their unwavering commitment to rule of law. We all stand reminded of the consistent and strategic relevance of the Nigerian Supreme Court in holding this country together, even in moments of great peril. As far back as in the 1971 case of LAKANMI V. ATTORNEY GENERAL OF THE FEDERATION, (the Ademola Adetokunbo-led Court) the Nigerian Supreme Court has severally rescued this country from the precipice. Also throughout the dark era of military rule in Nigeria, the Supreme Court neither wavered nor flinched in its commitment to justice and fairness. And despite some moments of distraction and mass hysteria, the Nigerian Supreme Court has remained the veritable compass to the highest ideals of justice attainable in this country. This long tradition of the court was exemplified in today’s judgment. I was humbled by the court’s boldness and sense of justice as shown in my case.
Overall, my experience tested and reaffirmed my belief and confidence in our country, Nigeria. My case is a true Nigerian story with a bold MADE-IN-NIGERIA stamp on it. It is a story of initial injustice that was caught and ultimately corrected. It is a story of restoration. It is a story of how a wrong was righted and how justice and truth prevailed in the end. It is a story of the power of hope. My case should teach us all that even though we may not get things right at the first attempt, with patience and dedication, we shall get them right eventually. That is the lesson of my case and that is the lesson of our country – that with dedication and patience, we shall place Nigeria in its rightful place eventually.
Before I end, I would like to let it be known that the events of the past five months gave me an added perspective on matters of justice and injustice in Nigeria. I have come to know that the course of justice will not be complete if it stopped at my case. It must continue until it touches the lives of millions of Nigerians who face injustice anywhere in this world. I shall be dedicating my time henceforth to ensuring there will be justice for all Nigerians whether they are in Sokoto or Akwa Ibom or in Lagos or Maiduguri or in Jos or Enugu, or wherever they may be. Justice for one man or for a few people will no longer be enough in this country. A system whereby over 70% of all prison inmates population is made up of people awaiting trial cannot be allowed to continue. Situations where innocent people are falsely charged with murder just to get them out of the way does not dignify our country and cannot continue. Justice must now mean justice for all. That is my pledge to Nigerians.
I look forward to rejoining my colleagues in the Senate as soon as possible.
Thank you and God bless all of you.
SENATOR (DR) ORJI UZOR KALU
(Given on the occasion of the Supreme Court judgment quashing the judgment of a lower court entered against him on December 5, 2019)
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