The court sentenced Udeogu to 10 years imprisonment but he later challenged the Constitutionality of Justice Idris powers to continue to conduct the trial.
Following Udeogu’s appeal, the Supreme Court on May 8 held that the fiat issued to Justice Idris to conclude the case after he had been elevated to the Court of Appeal was “a nullity”.
The highest court set aside Idris’ verdict “as it pertains or relates to the appellant (Udeogu)”.
It ordered Udeogu’s freedom and the retrial of his case.
During Tuesday’s proceedings, Fagbemi asked Justice Liman to order the release of the former governor from conferment, based on the pronouncement of the Supreme Court in Udeogu’ s appeal.
He submitted, “our application is brought pursuant to Section 159 of the Administration of Criminal Justice Act.
“This is a fallout of the Supreme Court decision delivered on the 8th of May,” the Senior lawyer insisted.
However, the anti-graft agency did not oppose the application, according to its counsel, Rotimi Jacobs (SAN), the EFCC would not, in principle, oppose Fagbemi’s application for Kalu’s release from prison.
“But we are also urging the court that the order made by the Supreme Court for trial de novo should be complied with by all parties so that Your Lordship will give us a date when arraignment will be done.
“We want the trial to go on, losing more time will be dangerous for us,” Jacobs maintained.
In his ruling, Justice Liman held that the application was meritorious and that he was bound by the judgement of the Supreme Court.
The judge consequently ordered the immediate release of Kalu from the Kuje Correctional Centre where he is currently being detained.
Nullity based on Judges’ elevation to court of appeal, set aside verdict of conviction, re-trial(trail de Novo), release from custody….. hmmmmm. Okay oh
Nullity based on Judges’ elevation to court of appeal, set aside verdict of conviction, re-trial(trail de Novo), release from custody….. hmmmmm. Okay oh