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.
Consequently, the apex court vacated the judgement that convicted the defendants and ordered a fresh trial of the defendants.
On December 5, 2019, a Federal High Court in Lagos on Thursday sentenced Orji Kalu, to 12 years’ imprisonment for N7.2 billion fraud and money laundering.
The court convicted Kalu, now a senator, on all the 39 counts preferred against him by the Economic and Financial Crimes Commission charge.
Kalu was charged alongside a former Commissioner for Finance, in the state Jones Udeogo, and his company, Slok Nig. Ltd.
While Kalu and his company were found guilty of all the 39 counts, Udeogo was convicted on 34 counts and sentenced to 10 years’ imprisonment.