The leading judgment is repeated hereunder: – I agree with the essential part of the Supreme Court Judgment Re -SC 622C/2019 delivered on Friday May 8, 2020 regarding the fate of Ude Jones Udeogu but who before the trial Court was the 2nd defendant while Orji Uzor Kalu and Slok Nigeria Limited the 3rd defendant respectively. I have, in my opening paragraph, employed the word “essential” in qualifying my agreement with the judgment.
In Adegoke Motors Ltd v. Adesanya 5 S.C.113 at129 Lines 27-38 per Oputa, JSC stated as follows: “We are not final because we are in fallible, rather we are infallible because we are final. Justices of this court are human-beings capable of erring. It will certainly be short-sighted arrogance not to accept this obvious truth. It is also true that this court can do inestimable good through its wise decisions. Similarly the court can do incalculable harm through its mistakes.
I guess that you are referring to the cases of Imo, Bayelsa and Zamfara states. In my honest view, those cases/appeals did not meet the legal criteria for a review. The appellants were merely taking chances. I was, therefore not surprised at the reaction of our noble lords of the Supreme Court who not only dismissed the appeals, but slammed penalties on their counsel.
The answer to your question is simple: My friend Orji Uzor Kalu must embrace his fate and attune himself to the sentence impacted on him by M.B. Idris JCA whose judgment, in the annals of our nation’s jurisprudence, will continue to attract the attention of scholars and lawyers for a long time. It was Udeogu that appealed to the Court of Appeal. It was also Udeogu’s Appeal that was upheld by the Supreme Court. To that extent, Orji Uzor Kalu would first access the Court of Appeal with his appeal.
Law is a two edge sword. Will always find a way either in protecting or persecuting...
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