By Robert Egbe
A convicted former Governor of Abia State, Dr. Orji Uzor Kalu, has employed a 12-man workforce of attorneys, together with six Senior Advocates of Nigeria (SAN)s, to safe his launch from jail.
Orji, the Senate’s Chief Whip, is serving a 12-year jail time period on the Kuje Custodial Centre, Abuja, for looting N7.65billion belonging to the Abia State Authorities throughout his eight years in workplace.
He filed a movement on discover on Might 12 on the Federal Excessive Courtroom in Lagos, asking it to set him free.
Justice Mohammed Idris, who convicted Kalu final December 5 whereas a Justice of the Courtroom of Attraction, is not going to hear this contemporary launch bid.
The Nation learnt that the case has been assigned to Justice Mohammed Liman.
Justice Idris convicted the Senator on every of the 39 counts.
He additionally discovered Kalu’s co-defendants – a former Abia State Director of Finance and Accounts throughout Kalu’s tenure, Udeh Udeogu, and Kalu’s agency, Slok Nigeria Ltd – responsible on all counts.
Ude bagged 10- 12 months imprisonment however the Supreme Courtroom set him free on Might 12 after declaring the trial a nullity for need of jurisdiction.
Kalu, in his movement on discover towards the Federal Authorities, is in search of to put aside his trial and conviction.
The movement, for Cost No FHC ABJ/CR 56/2007, was signed by Prince Lateef Fagbemi SAN on behalf of 11 different attorneys.
They’re: Prince Lateef Fagbemi SAN; Awa Kalu SAN; Chris Uche SAN; Dr. U. Olatoke, SAN; Chef H.O Alolabi, SAN; Sylvester Elema SAN; Ikoro N. A. Ikoro; Omosanya Popoola; C. Obidike; Nnamdi Awa Kalu; Vivien Udora and A S. Amire.
They argued that no authorized foundation exists for Kalu’s continued incarceration as a result of the Supreme Courtroom on Might eight declared his trial a nullity and freed his co-defendant Jones Udeogu.
It was introduced pursuant to Part 180 of the Administration of Felony Justice Act (ACJA).
In it, Kalu prayed the court docket for 4 reliefs:
“An order setting apart the judgment of this Honourable Courtroom dated the 5 day of December, 2019, beneath the hand of Hon Justice M.B. Idris, JCA the identical having been given with out jurisdiction:
“An order setting apart the trial and conviction of the Applicant – The order of conviction having been made with out jurisdiction
“An order setting apart the sentence handed on every of the counts as relevant to the Applicant within the 39-count cost in cost No: FHC ABJ/CR 56/2007 – the sentences having been imposed with out jurisdiction.
“An order directing that the Applicant be launched forthwith, from the custody of the Nigerian Correctional Service Kuje Abuja FCT.”
He canvassed 5 grounds upon which the appliance was introduced.
They’re that he and his co-defendants “had been tried and convicted on the Federal Excessive Courtroom by Justice Idris who in the middle of trial was elevated to the Courtroom of Attraction.
“The realized trial decide who carried out the trial has been held to have acted with out jurisdiction in Swimsuit No: SC.62C/2019 Udeh Jones Udeogu V Federal Republic of Nigeria, a Supreme Courtroom choice dated the day of Might. 2020
“The unassailable place of the legislation is that any judicial proceedings carried out with out jurisdiction – regardless of how properly carried out – is a nullity
“The joint trial of the Applicant with the 2nd and third Defendants/Respondents having been pronounced a nullity by the Supreme Courtroom, entities the Applicant to a launch from his custodial sentence.”
The movement shall be heard this month, however the day shall be communicated to the events.