- Former Abia state governor is seeking immediate release from prison a week after Supreme Court judgement
- Orji Kalu filed an application before the Federal High Court Lagos
- The former governor also wants an order setting aside his conviction
Senator Orji Uzor Kalu has filed an application before seeking his release from the Nigerian Correctional Service in Kuje, Abuja after the Supreme Court nullified his 12-year sentencing.
According to Channels TV, Kalu's application which was filed on Tuesday, May 12, has been assigned to Justice Mohammed Liman of the Federal High Court Lagos.
Respondents listed on to the application alongside Kalu’s company, include former Director of Finance, Abia State Government House, Ude Jones Udeogu, an aide to the former governor.
The Abia state former governor also wants an order setting aside his conviction dated December 5, 2019, since the apex court held that it was given without jurisdiction.
Kalu also asked the court to set aside the trial and the sentence passed on him by the Economic and Financial Crimes Commission (EFCC).
Recall that the Supreme Court nullified the court judgment that sentenced Kalu to 12 years imprisonment over alleged corruption.
It was reported that the apex court nullified Kalu’s conviction in a unanimous decision by a seven-man panel of Justices led by Justice Amina Augie on Friday, May 8.
The panel faulted the conviction of the former governor on the grounds that the Federal High Court in Lagos acted without jurisdiction when it convicted Kalu.
Meanwhile, Legit.ng had previously reported that Femi Falana differed on the Supreme Court verdict on the former governor of Abia state, with the human rights lawyer saying appeal court judges are empowered to hear cases at the trial courts.
Reacting to the judgment on Tuesday, May 12, Falana argued that acts of both supreme and appeal courts allowed judges to exercise powers of the trial courts.
"Whereas section 396 (7) of the ACJA permits a Justice of the Court of Appeal to conclude a part-heard the criminal matter in the high court section 16 of the Court of Appeal Act empowers the Justices of the Court to exercise the powers of a trial court as if the proceedings had been instituted in the Court of Appeal as a Court of first instance," Falana said.
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