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Dr. Orji Uzor Kalu |
Extra-smart
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The
apex court, in a unanimous decision by a seven-man panel of Justices led by Justice Amina Augie, held that the
Federal High Court in Lagos acted without jurisdiction when it convicted Kalu,
his firm, Slok Nigeria Limited and
former Director of Finance in Abia State, Jones
Udeogu. It held that trial Justice
Mohammed Liman was no longer a judge of the Federal High Court as at the
time he sat and delivered the judgement that convicted the defendants for allegedly
stealing about N7.1billion from Abia state treasury.
According
to the Supreme Court, Justice Liman, having been elevated to the Court of
Appeal before then, lacked the powers to return to sit as a High Court Judge. It
held that the Fiat that was issued to him by the Court of Appeal President
pursuant to section 396(7) of the Administration of Criminal Justice Act was
unconstitutional.
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Consequently,
the apex court vacated the judgment that convicted the defendants and ordered
fresh trial of the defendants.
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