Supreme Court Sets Orji Uzor Kalu Free, EFCC Renews Battle

Matilda Omonaiye/

The Supreme Court has nullified the judgment which convicted the former Governor of Abia State, Orji Uzor Kalu, pushing the Economic and Financial Crimes Commission (EFCC) to relaunch the battle.

NewsmakersNG learnt that a seven-man panel of the apex court also set aside the judgment which convicted Ude Udeogu, a former Director of Finance and Account at the Abia State Government House.

The Supreme Court gave the judgement on Friday, about five months after both men were convicted of corruption allegations levelled against them by the Federal Government.

Justice Mohammed Idris of the Federal High Court in Lagos had sentenced Senator Kalu to 12 years imprisonment in his judgement delivered in December 2019.

He had also sentenced Mr Udeogu to 10 years imprisonment on the same day.

Displeased with the judgement of the Federal High Court, Kalu and Udeogu filed an appeal to challenge their sentencing at the Supreme Court.

The apex court, in a unanimous verdict on the appeal delivered by Justice Ejembi Eko, declared that the conviction of the appellants was null and void.

Justice Eko explained that the declaration was on the ground that Justice Mohammed Idris was already a Justice of the Court of Appeal, as at the time he delivered the judgment sentencing the appellants.

He held that a Justice of the Court of Appeal cannot operate as a judge of the Federal High Court.

The apex court, therefore, ordered the Chief Judge of the Federal High Court to reassign the case for trial.

In a statement issued today, the EFCC says, “The attention of the Economic And Financial Crimes Commission, EFCC, has been drawn to the judgment of the Supreme Court nullifying the trial of a former governor of Abia State, Orji Kalu, his firm, Slok Nigeria Limited and Jones Udeogu, a former Director of Finance and Account of Abia State Government and ordering their fresh trial at the lower court. 

“The apex court based its verdict  on the grounds that Justice Mohammed Idris, who convicted Kalu and others had been elevated to the Court of Appeal before the judgment and returned to the lower court to deliver the judgment which it considered as illegal. 

“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 entire prosecutorial machinery of the EFCC would be launched in a fresh trial where justice is bound to be served in due course.” 

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