Fomer Abia State governor, Orji Uzor Kalu may remain in prison custody for long in spite of last Friday’s verdict of the Supreme Court that declared his conviction null and void.
Barely one week after the judgement, the Senate Chief Whip is yet to be released from Kuje Correctional Centre on the grounds that the 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.
