The Economic and Financial Crimes Commission (EFCC) has described the decision of the Supreme Court to overrule the conviction of former Abia State governor, Orji Uzor Kalu, as unfortunate.
Kalu had previously been convicted by the Federal High Court in Lagos in December 2019 after he was arraigned by the EFCC for the diversion of N7.65 billion from the state’s treasury when he was governor between 1999 and 2007.
Justice Mohammed Idris, who declared him guilty of the 39 counts charge, sentenced him to 12 years in prison.
Udeh Udeogu who was Director of Finance and Accounts at the Abia State Government House during Kalu’s tenure was also sentenced to 10 years in prison.
Slok Nigeria Limited, Kalu’s company, was also convicted last year as the court ordered its assets forfeited to the Federal Government.
However, while ruling on an appeal by the defendants on Friday, the Supreme Court overruled the conviction because Idris was no longer a judge of the Federal High Court when he delivered the judgement on the case that was on trial for 12 years.
The Chief Judge of the Federal High Court has been directed to reassign the case for a fresh trial.
In reaction to the judgement, the EFCC said it considers ‘the ‘unfortunate’ ruling a ‘technical ambush’ of the trial.
“The EFCC considers the judgment of the apex court as quite unfortunate . It is a technical ambush against the trial of the former governor.
“The Commission is prepared for a fresh and immediate trial of the case because its evidences against Kalu and others are overwhelming.
“The corruption charges against Kalu still subsist because the Supreme Court did not acquit him of them,” the agency’s Head of Media and Publicity, Dele Oyewale, said in a brief statement.
The agency promised to deploy its entire prosecutorial machinery in a fresh trial where it expects justice to be served in due course.
Kalu grateful to Supreme Court
In a statement published after the ruling, Kalu thanked the Supreme Court for its unwavering commitment to the rule of law.
“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,” he said.
He noted that his story proved that initial injustice done can be caught and ultimately corrected by the nation’s judicial system.
He therefore promised to dedicate himself to ensuring that other people innocently trapped in the nation’s prison system get fair justice just like him.
He said, “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.”
Kalu is currently representing Abia North in the Nigerian Senate, after securing victory in the 2019 elections on the platform of the All Progressives’ Congress (APC).
I don’t know what this country will do Right, I can someone that is no longer a judge deliver judgement… EFCC should blame the man that deliver the judgement, and the people that make him judge the case, I believe they know the constitution more than anyone, instead of faulting the annulment….. You use corruption to tackle corruption.