ONE-TIME Abia State Governor Orji Uzor Kalu has not been released from Kuje Correctional Centre because Friday’s Supreme Court judgment does not affect him.

The apex court did not issue any order for the release of the Senate Chief Whip because he did not file any application for such. He was a respondent (defendant) in the matter before the Supreme Court alongside Federal Republic of Nigeria and Slok Nigeria Limited.

The judgment only covered the appellant, Mr. Ude Jones Udeogu, who challenged the propriety of a Court of Appeal, Justice Mohammed Idris, to try him. Udeogu claimed that former President of the Court of Appeal Justice Zainab Bulkachuwa, lacked the powers to issue a fiat to any appellate judge to try him. He also alleged that Bulkachuwa erred in law to issue a fiat under Section 396(7) of the Criminal Justice Act, 2015 which was a non-existing law.

The Comptroller-General of Nigeria Correctional Service, Mr. Ja’afar Ahmed, has also refused to release Kalu because there was no order from the Supreme Court. It was learnt, Kalu may have to approach the Court of Appeal, where he has a pending matter, to ask for his release following the dismissal of the judgment of the Federal High Court, Lagos by the Supreme Court.

On Monday, a team from the Economic and Financial Crimes Commission (EFCC) was at the Correctional Centre (Prison) to check the status of Kalu and monitor the situation.

Kalu was put on trial for alleged N7.65 billion alongside his company, Slok Nigeria Limited and Ude Udeogu, who was Director of Finance and Accounts at the Abia State Government House when he was governor. The former governor was jailed for 12 years and Udeogu was convicted and sentenced to a 10-year imprisonment. But Udeogu challenged the propriety of a judge of the Court of Appeal presiding over his trial and conviction. His battle ended at the Supreme Court on Friday where his conviction was nullified because his trial was faulty.

According to a copy of the judgment obtained by The Nation, the Supreme Court clearly stated that the judgment relates only to the appellant. Those who heard and decided Udeogu’s application were Justices Olabode Rhodes-Vivour; Mary Ukaego Peter-Odili; Olukayode Ariwoola; Kudirat Motonmori Olatokunbo Kekere-Ekun; John Inyang Okoro; Amina Adamu Augie and Ejembi Eko.

Delivering the lead judgment, Justice Eko said: “I hereby allow this appeal. Section 386(7) of the Administration of Criminal Justice Act (ACJA), 2015 is in my view, an unnecessarily gratuitous legislative interference with, intrusion into or an outright usurpation of the appointing powers of the Executive arm consigned specifically to the President of the Federal Republic of Nigeria by the Constitution in Sections 250(1) and 238(2) thereof.

“The ‘Fiat /permission’ issued on 2nd July, 2018, by the President, Court of Appeal to the Honourable, Justice M.. B. ldris, JCA to proceed to the Federal High Court, Lagos and conclude the part-heard .criminal matter: FHC/ABJ/CR/56/07-, notwithstanding the fact that the Honourable, Justice M. B. Idris, JCA, upon his elevation to the Court of Appeal had ceased, not only to be a judge of the Federal High Court but also to have and exercise the powers and jurisdiction of the Federal High Court, is ultra vires Sections 1(2)(a) and 19(3) and (4) of the Federal High Court Act, the same being an outright usurpation of the powers of the Chief Judge of the Federal High Court.

He should remain there

Lol, KALU go hear am

.

This makes no sense

The reason for his being in the prison has been quash. You don't need an order to release him