ON Thursday, December 5th last year, the Federal High Court, Ikoyi sentenced a serving Senator and former Governor of Abia State, Orji Uzor Kalu to 12 years jail term.

The verdict came 12 years after the legal tussle between the Economic and Financial Crimes Commission (EFCC) and the convict. He was later condemned to have fraudulently diverted N7.65 billion state funds for personal use.

But findings by The ICIR revealed that this trend would persist show that the All Progressive Congress (APC) Senator representing Abia North will continue to represent his constituent and collect salaries, even while in prison until the Nigerian Senate declares Kalu’s seat vacant.

Kalu won the senatorial seat during the 2019 general election under the platform of the APC with 30,580 votes to beat his rival, Senator Mao Ohuabunwa of the Peoples’ Democratic Party (PDP) who had 21, 940 votes.

But with the recent development, the former governor’s constituent is already demanding for a new representative. They had written a petition to the Independent National Electoral Commission (INEC) calling for a by-election.

However, this may be a long, fruitless effort as INEC is unilaterally impeded to hold a by-election.

The aggrieved persons, citing Section 66 (1) (C) and 68 (1) (b) of the 1999 constitution (as amended), claimed they have been marginalised, as Kalu’s misfortune should not impede their fair representation at the nation’s parliament.

“No person shall be qualified for election into the Senate or House of Representatives if he is under a sentence of death imposed on him by any competent court or tribunal in Nigeria or a sentence of imprisonment of fine for an offense involving dishonesty and fraud,” the petitioners quoted in their complaint to INEC.

“Kalu, the incumbent senator from the 5th of December 2019, being the date he was convicted of fraud and sent to prison, that was the same date he vacated the seat. For that reason, you (INEC) have the duty to fix a date for a by-election to fill the vacated seat,” they argued in a report by Daily Trust.

What the law says

A study of the Electoral Act (2010) shows that the term by-election only appears thrice in the electoral framework – Section 10 (5) Continuous registration, Section 30 (3) which dwells on the notice of election and Section 108 (2), this focus on the date and Area Council Elections as well as the method of voting.

READ MORE: https://www.icirnigeria.org/why-jailed-ex-governor-orji-kalu-will-continue-to-retain-seat-in-the-senate/

ok

Only in S HITHOLE a convicted criminal keep collecting salaries into instead of vomiting them.......

a criminal collecting money from prison, politics is messed up here in Africa.