A Federal High Court in Lagos has ordered the immediate release of Orji Kalu, former Abia state governor, from prison.
Mohammed Liman, the judge, granted an application moved by Kalu’s counsel Lateef Fagbemi, seeking his release.
The Economic and Financial Crimes Commission (EFCC) did not oppose the application.
In his application, the former governor’s counsel asked the court to order Kalu’s release from the custody of the Nigerian Correctional Service (NCS), Kuje, Abuja, following the nullification of his conviction by the Supreme Court in May.
The Economic and Financial Crimes Commission (EFCC) had arraigned Kalu and Ude Jones Udeogu, a former director of finance and account of Abia state on 39 counts charge including money laundering of N7.65 billion.
On December 5, 2019, Kalu was sentenced to 12 years imprisonment while Udeogu got a 10-year sentence.
It would be recalled that the supreme court nullified the trial of Kalu and his co-convict on May 8th.
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A seven-member panel of the apex court, in a unanimous verdict delivered by Justice Ejembi Eko, invalidated their conviction.
Justice Eko declared that Justice Mohammed Idris, who convicted the duo was already a justice of the Court of Appeal when he ruled and sentenced Kalu and his co-defendant.
He held that a Justice of the Court of Appeal cannot operate as a judge of the Federal High Court, and ordered the Chief Judge of the Federal High Court to reassign the case for trial.
The apex court said section 396 (7) of the Administration of Criminal Justice Act (ACJA), 2015, on which the former president of the court of appeal, Zainab Bulkachuwa, relied on to authorise the trial judge to return to the high court to conclude the trial is unconstitutional.
