There have been confusion over the non-release of former governor of Abia State, Senator Orji Uzor Kalu from the Nigerian Correctional Service in Kuje following the Supreme Court judgement which quashed his conviction.
According to Kalu’s lawyers, the confusion was as a result of the indication by clerks, who are preparing the release warrant of the Supreme Court that he was not among the appellants mentioned in the court process.
It was also suggested that the fact that it was Kalu’s co-defendant, Jones Udeogu, who filed the appeal challenging the jurisdiction of the Federal High Court in Lagos to conduct the trial, as well as the wordings of the 39-page judgement of the Supreme Court, helped to fuel that confusion.
In the lead judgement by Justice Ejembi Eko, the Supreme Court said, “the judgement of the Court of Appeal No: CA/L/1064C/2018, delivered on 24th April, 2019 particularly in respect of the Appellant and as it affected him is hereby set aside.”
READ: EFCC vows fresh trial of Orji Kalu after S/Court ruling
But one of the defence lawyers, Awa Kalu (SAN) told Daily Trust that the confusion should not arise since it was the entire proceeding of the Federal High Court that was nullified by the apex court, the proceeding being a joint trial.
“There is no basis to hold unto Kalu in custody. The natural consequence of the judgement of the Supreme Court is that in the eyes of the law he was never convicted,” he said.
He said the legal team were not expecting the Senator representing Abia North Senatorial District under the platform of the All Progressives Congress (APC) or Udeogu out until Tuesday after the court papers and formalities would have been fulfilled.
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