Second Vice Chairman of the Nigeria Bar Association (NBA), Monday Onyekachi Ubani has reacted to the Supreme Court’s nullification of the conviction of a former governor of Abia State, Orji Uzor Kalu.
Also nullified was the judgement against his firm, Slok Nigeria Limited and Jones Udeogu, a former Director of Finance and Account of Abia State Government.
The apex court ordered a fresh trial at the lower court.
NAIJARAY had reported that Kalu was sentenced to 12 years imprisonment over N7.16 billion fraud by a Federal High Court sitting in Lagos, on December 5.
Justice Mohammed Idris had convicted Kalu on a 39 count of N7.2 billion fraud and money laundering preferred against him by the Economic and Financial Crimes Commission.
However, on Friday, the Supreme Court gave a fresh ruling, setting aside the judgment.
Justice Amina Augie, who led a seven-man panel of Justices held that the trial Justice, Mohammed Liman of the Federal High Court in Lagos acted without jurisdiction.
But, Ubani, in his position contained in a statement made available to newsmen, on Saturday, said the apex court was right in its unanimous decision and faulted the criticisms trailing the judgement.
The Senior lawyer opined, “Note that jurisdiction is a threshold issue and either a court has one or it does not have it and whenever the issue is raised even if for the first time at the supreme court and found to be lacking the Supreme Court will and has always nullify such trial.
“The judgement is sound and there is no basis to criticise it except on sentimental basis. It cannot be faulted legally. The people that drafted and inserted the section that permits a trial judge that has been elevated to continue with the trial at the trial court meant well, but they should have also persuaded the amendment of the constitution by the legislature on the issue of the jurisdiction of the trial court in the circumstances.
“This omission is very grave and anyone defending that the amendment should have been allowed to stand even after offending the constitution is very strong argument. Jurisdiction is key to every case in Nigeria, nay in the world”.
Continuing he said, “The Prosecution, EFCC should assemble all its witnesses once again and be prepared to commence trial afresh after the Chief judge has assigned the case to a new judge entirely. The judgement did not say that Orji is acquitted and discharged from the offence of the alleged fraud. He still have to face his trial anew.
“For Senator Orji Uzo Kalu, this is a temporary relief and if he succeeds in defending himself successfully over the allegation of fraudulent misappropriation of Abia’s treasury, it will be hossanna for him and his co-accused. We will, as usual, follow up this case until it is finally disposed off either way, and believe me it will still end at the Supreme Court if EFCC is serious with their threat”.
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