By Kayode Sanni-Arewa
A coalition under the aegis of Global Centre for Conscious Living Against Corruption have called on the Federal Government to stop unending trial of Senator Orji Uzor Kalu that has been long concluded by the courts.
This position is contained in a statement issued and signed by the lead coordinator of the CSOs, Dr Gabriel Nwambu stating that:
“The recent developments surrounding the N6.7 billion fraud case involving former Abia State governor, Orji Uzor Kalu, SLOK, and Jones Udeogu have exposed serious deficiencies in our criminal justice system.
” The utilization of technicalities and procedural loopholes to evade justice in this matter is deeply troubling and undermines the principles of accountability and fairness.
On the 8th of May, 2020, the Supreme Court nullified the conviction by Justice Idris, holding that the Constitution does not permit a judge elevated to a higher Court to return to a lower Court to conclude a part-heard case.
Justice Ejembi Eko, who delivered the lead judgment of the panel led by Justice Olabode Rhodes-Vivour (retd.), also declared as unconstitutional the provision of Section 396(7) of the Administration of Criminal Justice Act, 2015, which the then President of the Court of Appeal, Justice Zainab Bulkachuwa (retd), relied on to authorise Justice Idris to return from the Court of Appeal to the High Court to conclude the trial.
“The decision by the Court of Appeal to dismiss the EFCC’s appeal based on insufficient records highlights how technicalities are being exploited to thwart the judicial process. Instead of addressing the substantive issues of fraud and corruption, the focus has shifted to procedural irregularities, allowing the accused to evade accountability and delay justice for the people of Abia State.
“Let’s not forget that Sen. Orji Uzor has been tried, found guilty by a Court of competent jurisdiction and convicted accordingly consistent with the extant laws as provided by the Constitution of Nigeria.
“Furthermore, the interpretation of legal provisions, such as the constitutional limitations on judges returning to a lower court to conclude a part-heard case, has been used to create confusion and delay in the adjudication of this case. The insistence on strict compliance with procedural requirements, to the detriment of addressing the actual allegations of financial misconduct and massive fraud, is a disservice to the rule of law and the pursuit of justice.
“It is unacceptable that technicalities are being prioritized over the merits of the matter, especially in a case as serious as an alleged N7.6 billion fraud. The manipulation of legal loopholes to avoid facing the substantive allegations undermines the integrity of our criminal justice system and erodes public confidence in the ability of our institutions to hold the powerful accountable.
“Consequently, our coalition hereby call on all stakeholders in the legal system to prioritize the fair and expeditious adjudication of cases involving financial crimes and corruption. The focus should be on addressing the substantive issues at hand and ensuring that justice is served without being derailed by technicalities and procedural obstacles.
It is time to reaffirm our commitment to upholding the rule of law and ensuring that those accused of financial misconduct are held accountable, regardless of the legal maneuvers they may employ to evade justice.
See full statement below:
Olanipekun Olukoyede is the fifth Executive Chairman of the Economic and Financial Crimes Commission, EFCC. He was confirmed by the Nigerian Senate on the 18th of October,2023. Since his assumption in office, Nigerians can testify that the willingness and determination of President Bola Ahmed Tinubu to combat the hydra- headed monster of corruption which has held the Nigerian nation on he knees fo several decades is no longer in doubt. The determination to ensure that every alleged corrupt Nigerian citizen irrespective of creed, religion or office held is made to face the law is a clear testament to this fact. The pronouncement of the Attorney General of the Federation and Honourable Minister of Justice on the current case of the former Governor of Kogi State, Mr. Yahaha Bello is clear and unambiguous on the resolve of President Tinubu’s administration to deal with corruption squarely. We thank President Tinubu on this resolve.
However, the recent developments surrounding the N6.7 billion fraud case involving former Abia State governor, Orji Uzor Kalu, SLOK, and Jones Udeogu have exposed serious deficiencies in our criminal justice system. The utilization of technicalities and procedural loopholes to evade justice in this matter is deeply troubling and undermines the principles of accountability and fairness.
On the 8th of May, 2020, the Supreme Court nullified the conviction by Justice Idris, holding that the Constitution does not permit a judge elevated to a higher Court to return to a lower Court to conclude a part-heard case.
Justice Ejembi Eko, who delivered the lead judgment of the panel led by Justice Olabode Rhodes-Vivour (retd.), also declared as unconstitutional the provision of Section 396(7) of the Administration of Criminal Justice Act, 2015, which the then President of the Court of Appeal, Justice Zainab Bulkachuwa (retd), relied on to authorise Justice Idris to return from the Court of Appeal to the High Court to conclude the trial.
The decision by the Court of Appeal to dismiss the EFCC’s appeal based on insufficient records highlights how technicalities are being exploited to thwart the judicial process. Instead of addressing the substantive issues of fraud and corruption, the focus has shifted to procedural irregularities, allowing the accused to evade accountability and delay justice for the people of Abia State.
Let’s not forget that Sen. Orji Uzor has been tried, found guilty by a Court of competent jurisdiction and convicted accordingly consistent with the extant laws as provided by the Constitution of Nigeria.
Furthermore, the interpretation of legal provisions, such as the constitutional limitations on judges returning to a lower court to conclude a part-heard case, has been used to create confusion and delay in the adjudication of this case. The insistence on strict compliance with procedural requirements, to the detriment of addressing the actual allegations of financial misconduct and massive fraud, is a disservice to the rule of law and the pursuit of justice.
It is unacceptable that technicalities are being prioritized over the merits of the matter, especially in a case as serious as an alleged N7.6 billion fraud. The manipulation of legal loopholes to avoid facing the substantive allegations undermines the integrity of our criminal justice system and erodes public confidence in the ability of our institutions to hold the powerful accountable.
Consequently, our coalition here by call on all stakeholders in the legal system to prioritize the fair and expeditious adjudication of cases involving financial crimes and corruption. The focus should be on addressing the substantive issues at hand and ensuring that justice is served without being derailed by technicalities and procedural obstacles.
It is time to reaffirm our commitment to upholding the rule of law and ensuring that those accused of financial misconduct are held accountable, regardless of the legal maneuvers they may employ to evade justice.
Thank you.
Signed:
Dr. NWAMBU Gabriel
Director General,
Global Centre for Conscious Living Against Corruption.