On Thursday, May 8, the judgment that convicted the former governor of Abia state, Oriji Uzor Kalu was nullified by a seven-man panel of the Justices of the Supreme Court.
Following the nullification, the apex court ordered the chief Judge of the Federal high Court to reassign the case for a fresh trial.
The Supreme Court set aside the judgment delivered by Justice Mohammed Idris of the Federal high court, Lagos which sentenced Ude Udeogu and Senator Oriji Uzor kalu to 10 and 12 years imprisonment respectively.
The lead judgment was read by Justice Ejembi Ekwo who held that justice Mohammed Idris, having been elevated to a Justice of the Court of Appeal, lacked the jurisdiction to continue with the trial.
He further stated that the President of the Court of Appeal has no powers to issue a fiat asking Justice Idris to go back to trial court to conclude the trial.
“There is no provision in the constitution that allows for a hybrid Judge.”
“Section 396 of the ACJA is inconsistent with the provisions of the constitution,” Justice Ejembi Ekwo ruled.
TVC
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