A Federal High Court in Lagos has ordered the release of a former governor of Abia State, Orji Uzor Kalu, from the custodial centre.
Justice Mohammad Liman gave the order releasing Kalu the application brought on his behalf by his lawyers led by Prince Lateef Fagbemi (SAN).
Kalu has been incarcerated at Kuje Medium Custodial Centre since December 5, 2019 following his conviction and sentencing to 12 years imprisonment.
He was convicted of N7.1bn fraud with his firm, Slok Nigeria Limited, and a former Director of Finance at the Abia State Government House, Jones Udeogu.
However, the Supreme Court, ruling on an appeal filed by his co-defendant, quashed the trial on the grounds of lack of jurisdiction.
The Supreme Court’s judgment followed an appeal by Udeogu, contending that the trial judge, Justice Mohammed Idris, concluded the 12-year-old trial and gave judgment after he had been elevated to the Court of Appeal and ceased to be a judge of the Federal High Court.
On Tuesday, Kalu’s counsel, Prince Lateef Fagbemi (SAN), urged Justice Liman to order the release of the ex-governor from prison custody, based on the pronouncement of the Supreme Court in Udeogu’s appeal.
In response, the prosecuting counsel for the Economic and Financial Crimes Commission, Mr Rotimi Jacobs (SAN), said the anti-graft agency would not, in principle, oppose Fagbemi’s application for Kalu’s release from prison.
“But we are also urging the court that the order made by the Supreme Court for trial de novo should be complied with by all parties; so that Your Lordship will give us a date when arraignment will be done;
After listening to the lawyers, Justice Liman granted Kalu’s application as prayed, saying it had merit.
He set aside the trial, conviction and prison sentence imposed on Kalu, while he also squashed Justice Idris’ verdict on Slok Nigeria Limited.
He directed that steps should be taken for the commencement of fresh trial.
