The Supreme Court has set aside the December 5, 2019 judgement of the Federal High Court, Lagos in which former governor of Abia State, Orji Uzor-Kalu convicted and sentenced to 12 years imprisonment over N7.2billion fraud.
The Supreme Court added that Justice Idris, having been elevated to the Court of Appeal before then, lacked the powers to return to sit as a High Court Judge. The judgement was on an appeal lodged by Udeogu, challenging the constitutionality of Section 396 of the Administration of Criminal Justice Act , which was allowed by the court.
Justice Eko added: “The president of the Court of Appeal acted ultra vires her powers when she issued the fiat to Justice Idris to sit as a judge of the Federal High Court. Justice Eko held that Section 396 of ACJA did not give him new powers to perform dual functions. He added that the Section 396 of ACJA was in conflict with Section 253 of the constitution which provides that: “The Federal High Court shall be dully constituted if it consists of at least one judge of that court. It is therefore a nullity.”
“This is because you cannot put something on nothing and expect it to stand as the whole trial was a nullity ab initio”, Justice Eko said.
Source: Law Daily Report (lawdailyreport.net)
If I were Orji Uzor Kalu, I won't come out that jail till corona virus is wiped out. You see, inside is safe
The power to reverse judgement that was lacking to supreme court on Emeka Ihedioha and Hope Uzodimma governorship ruling suddenly has resurfaced... Up supreme Court of Nigeria
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