Members of the panel are

1. Justices Mary Odili;

2. Justice Bode Rodhes-Vivour,

3. Justice Kudirat Kekere-Ekun,

4. Justice Inyang Okoro

5. Justice Olukayode Ariwoola,

6. Justice Amina Augie

7. Justice Ejembi Eko

In a unanimous judgment on Friday, a panel of seven Justices of Supreme Court set aside the judgment of the Federal High Court as a nullity.

Justice Ejembi Eko who read the leading judgment held that Justice Mohammed Idris having been elevated to the bench of the Court of Appeal was no longer a Judge of the Federal High Court and therefore acted out of the jurisdiction.

The apex court further held that section 396(7) of the Administration of Criminal Justice Act (ACJA), 2015 which allows the President of the Court of Appeal to issue a fiat to Justice Idris to adjudicate on the case is a nullity as it conflicts with the provisions of the 1999 constitution.

The controversial section 396(7) of ACJA, which was declared a nullity by the Supreme Court reads;

“Notwithstanding the provision of any other law to the contrary, a Judge of the High Court who has been elevated to the Court of Appeal shall have dispensation to continue to sit as a High Court Judge only for the purpose of concluding any part-heard criminal matter pending before him at the time of his elevation and shall conclude the same within a reasonable time: Provided that this subsection shall not prevent him from assuming duty as a Justice of the Court of Appeal.”

However, the apex court held that the Fiat issued to justice Idris by the president Court of Appeal President dated July 2, 2019 pursuant to section 396(7) of the Administration of Criminal Justice Act was unconstitutional.

Justice Eko held that ” the president of the Court of Appeal acted ultra vires her powers when she issued the fiat to Justice Idris to sit as a judge of the Federal High Court.

“The Federal High Court and the Court of Appeal are established by the Constitution with distinct powers and functions. The president of the Court of Appeal has no powers to assign dual powers to a Justice of the Court of Appeal to meddle in the internal affairs of the Federal High Court.

“Justice Mohammed Idris having been elevated to the Court of Appeal ceased to be a Judge of the Federal High Court and therefore lacked the jurisdiction to adjudicate on the case.

“Section 396(7) of ACJA did not give him new powers to perform dual functions.

Section 396(7) of ACJA conflicts with section 253 of the constitution which provides that: “The Federal High Court shall be dully constituted if it consists of at least one judge of that court. It is therefore a nullity.

“The implication is that Justice Idris acted without jurisdiction. It is settled law that jurisdiction is the life wire of adjudication and if a court has no jurisdiction to decide a case, the proceedings remain a nullity ab initio, no matter how well conducted and decided. This is so since a defect in competence is not only intrinsic but also extrinsic to the entire process of adjudication.

“Accordingly, the judgment delivered on December 5, 2019 I hereby set aside. The case file is to be remitted to the Chief Judge of the Federal High Court to be assigned to another judge for trial de novo.

“This is because you cannot put something on nothing and expect it to stand as the whole trial was a nullity ab initio”, Justice Eko held.

In her contribution to the judgment, Justice Amina Augie held that section 396(7) of ACJA ” has no place in our statute books. A Justice of the Court of Appeal cannot go back to the High Court and put up a new cap to president on cases. The section is inconsistent with the Constitution and is therefore null and void.”

Other Justices on the panel are Justices Mary Odili; Bode Rodhes-Vivour, Kudirat Kekere-Ekun, Inyang Okoro and Olukayode Ariwoola.

The appellant had through their counsel, Chief Solo Akuma (SAN); Dr. Awa Kalu (SAN) challenged the jurisdiction of the trial court to adjudicate on the matter.

They argued that justice Idris who delivered the judgment having been elevated to the bench of the Court of Appeal can no longer sit as a judge of the Federal High Court.

They further challenged the constitutionality of section 396(7) of ACJA and urged the court to declare it unconstitutional.

Culled From The Sun Newspaper

https://www.sunnewsonline.com/breaking-supreme-court-quashes-conviction-of-orji-kalu-others/

Name Checkers Association of Nigeria (NCAN), Eastern Zone, Northern Zone and Western Zone will be highly disappointed in this list, As it doesn't meet the criteria for proper scrutiny.

I know say that Mary Mad-alene must be part of this Alibaba judgment.

That woman is a very bad influence on other justices.

NB

For the knuckleheads quoting and getting into my mention to spew bullocks at me, I don't even read your bleats.

How you could be a fan of a woman who used her position and office by exploiting the loop-holes she and her likes from the east, west, south, and North of this country deliberately left bare to subjugate and miscarry justice as it suits them to procure a perpetual injunction for her husband against corruption trial is unbelievable.

She, and her corrupt ilks in the Judiciary, Legislature, and the Executive no go die better death and na vulture go feast on their carcass, except they are innocent or promptly repent and begin to do the right thing.

Quote me to spew some trash and collect the above curse for you and your lineage.

The day God of grace spoke in Orji Uzo Kalu's favour was d moment Nnamdi Kanu and his IPOB started agitating for his immediate and unconditional release as they held that even though OUK is a thief but dat selective prosecution and conviction of Southerners and Christians is a bigger corruption. Just few days ago, MNK gave an order for d foreign account of d Fulani elites to be looked into if they continue in their selective 'persecution' of his people and specifically called for d acquittal of Orji Uzo Kalu and Olisa Metuh until such a time d Nigerian state is ready for an all embracing trial of looters devoid of ethnic cum religious sentiment. https://www.facebook.com/2242422276042512/posts/2678133885804680/
One thing with grace is dat it bypasses protocol and can make even your adversaries to make mistakes that will bring about your restoration. Come to think of it dat ACJA 396 (7) has been there since 2015 without anybody challenging it and even d learned ones never envisaged that since it is not in tandem with d constitution, without a constitutional amendment it's rudderless. Las las cos d spiritual controls d physical when d God of second chance activated with d open show of clemency preached on Radio Biafra few days ago, all d seven judges had no choice than to abide by d spiritual judgement. To even worsen matter for EFCC, d Supreme court ordered "de novo " which start afresh. OUK is as good as a free man

Judiciary arms of government will destroy this country.

A part of ACJA has been deleted by the supreme Court. Interesting! Ghana-must-go legislooters' sitting allowances wasted.

Judiciary hmm kwaruption will not keel you fiffle

Well he is Finally out, let us see how this plays out.

It's amazing he came out after the death of Abba Kayari, maybe it might be related, maybe not

Odili again

I hope APC will also organize their bunch of miscreants to also go and protest att Justice Mary Odili's house in Abuja again.

Dude has been given an assignment by the "powers that be."

Macphenson:
I hope APC will also organize their bunch of miscreants to also go and protest att Justice Mary Odili's house in Abuja again.

Don't mind the double-edged fools.

gaby:
I know say that evil Mary Mad-alene must be part of this Alibaba judgment.

That woman is a very bad influence on other justices.

. Unfortunately my pain killer is finished, anyway Bola Tinubu comes to my mind

Macphenson:
I hope APC will also organize their bunch of miscreants to also go and protest att Justice Mary Odili's house in Abuja again.

You now agree she is a crook right?

Southwest2023:
Judiciary arms of government will destroy this country.

No it is buhari that have destroyed everything that can make this country great,a leader that is supposed to be the one that will move the country forward is the one that has put the country in reverse gear,history will not be kind to him,today is for him,tomorrow is for history

Hmm Nigerians

Ice cube is just a water going through hard times �

Na dem

Yet.. Somebody that stole just #200 for market go receive life imprisonment. God dey!

When you see ODILI, you must see a crime or a bought judgement.

By the way, all Igbos should go and find an Afonja to worship apart from Tinubu.

Na majority Afonjas bail out your beloved son, AGAIN!

If it was an IPOB dominated bench with an Afonja on trial.... his sentence wouldn't end till after Rapture.

If not for Afonja who are like School Fathers to them, flattinoids would be 7th Class citizens.

The Supreme Court's verdict concerning Orji Uzor Kalu 's case is an evidence that if you know the right buttons to press in this country, you can get away with any crime.

No one is as respectful as the person who want to borrow money from u, they will greet everybody even your dog.
They'll be like "bingo how are you? Such a handsome dog"

OUK have moved the ministry through money. I don't blame our judges. They need more money in this period of Scam-demic period

Nigeria : A country of abracadabra.


Assuming it was a governor from the Northern part of the country that was free and acquitted this same manner, the children of hate, perdition and frustration (the enemies of the nation) wouldn't have allowed the cyberspace to rest till the end of the year shouting injustice.
But look at all the supporters of criminals keeping mute online and trooping out to celebrate in the same state that OUK looted dry.

clevvermind:
Look at them. Celebrating someone stealing their future.

Zoie:
Look at them celebrating a modafvcking thief.

senatordave1:

Yes.even when alamiyeseigha and ibori were released from jail,their people celebrated them

They are Suffering and smiling peeps.
Supporters of criminals they are.

Kennitrust:
Those who steal fowl are still in prison...
Those who steal the future of our nation are celebrated hero's.

Nigerians are the problems of Nigeria.
END OF THREAD!!

abduljabbar4:
If this act of stupidity was done in a place like Gombe you would have seen some smelly fools here saying northerners are illiterates. No masks, no distancing, nothing.

layzie:

Did u say freed and acquitted?? Read well o, there's no acquittal, new trial will commence.

True, the below confirms this.....

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. 

Matters arising............

SeverusSnape:
Name Checkers Association of Nigeria (NCAN), Eastern Zone, Northern Zone and Western Zone will be highly disappointed in this list, As it doesn't meet the criteria for proper scrutiny.

Senatordave1

Cc lzaa itooworwor

post=89326574:
Nigeria :

Sai Baba.
Sai APC.

Ok

Odili judgment dey always get k-leg

They dwelled on technicalities the good thing is he will be retrialed again.

jlinkd78:
The day God of grace spoke in Orji Uzo Kalu's favour was d moment Nnamdi Kanu and his IPOB started agitating for his immediate and unconditional release as they held that even though OUK is a thief but dat selective prosecution and conviction of Southerners and Christians is a bigger corruption. Just few days ago, MNK gave an order for d foreign account of d Fulani elites to be looked into if they continue in their selective 'persecution' of his people and specifically called for d acquittal of Orji Uzo Kalu and Olisa Metuh until such a time d Nigerian state is ready for an all embracing trial of looters devoid of ethnic cum religious sentiment. https://www.facebook.com/2242422276042512/posts/2678133885804680/
One thing with grace is dat it bypasses protocol and can make even your adversaries to make mistakes that will bring about your restoration. Come to think of it dat ACJA 396 (7) has been there since 2015 without anybody challenging it and even d learned ones never envisaged that since it is not in tandem with d constitution, without a constitutional amendment it's rudderless. Las las cos d spiritual controls d physical when d God of second chance activated with d open show of clemency preached on Radio Biafra few days ago, all d seven judges had no choice than to abide by d spiritual judgement. To even worsen matter for EFCC, d Supreme court ordered "de novo " which start afresh. OUK is as good as a free man

Thrash!