The Supreme Court has nullified the judgment which convicted and sentenced the former governor of Abia State, Orji Uzor-Kalu, to 12 years imprisonment.
A seven-man panel of the apex court also set aside the judgment which convicted Ude Udeogu, a former Director of Finance and Account at the Abia State Government House.
The Supreme Court gave the judgement on Friday, more than one year after both men were convicted of corruption allegations levelled against them by the Federal Government.
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.
Justice Mohammed Liman of the Federal High Court in Lagos had sentenced Senator Kalu to 12 years imprisonment in his judgement delivered on April 24, 2019.
He had also sentenced Mr Udeogu to 10 years imprisonment on the same day.
