Legal expert, Inibehe Effiong, has declared that the Supreme Court did not err in setting aside the conviction of former Abia Governor, Orji Uzor Kalu. The court based its verdict on the grounds that Justice Mohammed Idris, who convicted Kalu and others had been elevated to the Court of Appeal before the judgment and returned
The court based its verdict on the grounds that Justice Mohammed Idris, who convicted Kalu and others had been elevated to the Court of Appeal before the judgment and returned to the lower court to deliver the judgment.
He observed that as rightly held by the apex court, Section 396 of the Administration of Criminal Justice Act which empowered the President of the Court of Appeal to give fiat to elevated federal judges to continue to hear and determine part-heard cases is in conflict with the Constitution. “This has been my position all along. The Supreme Court has only affirmed Section 1 and of the 1999 Constitution which renders any other law that is inconsistent with the provisions of the Constitution void. This judgment is about the supremacy of the Constitution.
“If Kalu is guilty, the judgment of the Supreme Court may just be a temporary reprieve; it might be a postponement of the evil day for Kalu and his company, Sloks Nigeria Ltd. However, the judgment will impact on the ability of the prosecution to prove its case in a fresh trial.
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