By Eric Elezuo
Nothing is more soothing than the breath of freedom, and former Abia State governor and Chief Whip of the Senate, Orji Uzor Kalu, is in a better place to tell, having received a reprieve after five gruesome months as a guest at the Ikoyi Prisons.
On December 5, 2019, a Federal High Court in Lagos sentenced Kalu to 12 years in prison after finding him guilty of 39 counts of N7.2 billion fraud and money laundering.
Kalu was charged alongside Jones Udeogo, the state Director of Finance during his tenure as the governor and his company, Slok Nig. Ltd., was also a defendant in the suit.
While Kalu and his company were convicted on all the 39 counts of the fraud charge, Udeogo was found guilty on 34 counts.
In his ruling on the day, Justice Mohammed Idris apart from sentencing the former governor to 12 years in prison for the N7.65 billion fraud also ordered that Slok Nig. Ltd. should be wound up, and its assets forfeited to the Federal Government. The ex-governor was immediately marched to jail.
However, five months later, and working on a lacuna, Kalu’s lawyers succeeded in getting the Supreme Court to overturn the lower court’s judgment, rendering null and void the conviction and sentencing.
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 Udeogu.
The court held that trial judge, Justice Mohammed Idris, was no longer a judge of the Federal High Court as at the time he sat and delivered the judgment that convicted the defendants for allegedly stealing the sum from Abia State treasury. The Supreme Court ruled that Justice Idris, having been elevated to the Court of Appeal before then, lacked the powers to return to sit as a High Court judge.
Expressing his profound happiness at breathing the air of freedom one more time, Orji Kalu admitted to have learnt his lessons, and would work henceforth to upholding justice for all and sundry .
His statement read in part;
“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,” he said.
“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 Adetokumbo-led Court) the Nigerian Supreme Court has severally rescued this country from the precipice.
“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.”
However, Kalu’s joy may be short-lived as the Economic and Financial Crimes Commission (EFCC) has said it would immediately begin a fresh trial of the former governor for theft of public fund and money laundering as ordered by the Supreme Court.
In reaction to Friday’s verdict, the EFCC in a statement described the order as “quite unfortunate” and vowed to prepare a fresh and immediate trial of the case, saying this is because its evidences against Kalu and the others were overwhelming.
Noting that the 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 judgement which it considered illegal, the EFCC, through its Head, Media & Publicity, Dele Oyewale, declared the agency’s preparedness for a fresh and immediate retrial, adding that the setback at the Supreme Court was a ‘technical ambush’.
“The entire prosecutorial machinery of the EFCC would be launched in a fresh trial where justice is bound to be served in due course”, Oyewale warned.
Bookmakers are believing that the case against Uzor Kalu may have met a brick wall. They reasoned that whatever may prompted the Federal Government to sit back and allow the Supreme Court to have its way, could very well militate against the ex-governor’s return to jail. They dismissed the EFCC’s threat as another flash in the pan that will fizzle out with time.
A respondent, who prefers anonymity, told The Boss that the way things are going, there is the likelihood that Kalu’s case may go the way of Danjuma Goje, whose case Nigerians woke up one morning to hear has been dropped. Much as it took everyone by surprise, reports had it that the dropping of Goje’s case was in exchange for him to drop his senate presidency ambition. It is not known yet what Uzor Kalu’s bargaining chips are, but someone has muted that it has a lot to do with 2023 and Igbo Presidency.
Fingers still remain crossed!