Judgment impacts section 396 of administration of criminal justice act

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“The accelerated hearing of the appeal is commendable, given that many cases are to be affected thereby.”

and a serving senator, Chief Orji Uzor Kalu, yesterday. Mr. Ebun Olu Adegboruwa said when very serious constitutional issues are raised in a matter, it might be good for the trial court to exercise some reasonable caution to await the outcome of the appeal, so long as the appellant is not by that means seeking to prolong the case.

“This position of law is not new. Justice Nnaemeka Agu, over 30 years ago, read the judgment in the morning following his elevation to the Court of Appeal, but the judgment was set aside. The 2014 national conference had recommended what to do in this kind of situation, but the government is not interested in its report. Now, the years that the trial lasted are wasted. This is one of the areas the ordinary man will ponder about.

“We shall, therefore, do well to avoid such occurrence in future.” On his part, Lagos-based lawyer and human rights activist, Inibehe Effiong, said the apex court was right in setting aside Kalu’s conviction, adding: “I have always maintained the view that it is unconstitutional for a Judge of the Federal High Court, who has been elevated to the Court of Appeal, to continue to sit over cases at the Federal High Court.

“However, the judgment could impact on the ability of the prosecution to prove its case in a fresh trial, as this case has been on for too long. Kalu, at a point, fought the prosecution up to the Supreme Court on technical points and the trial was stalled. By the time he lost his interlocutory appeal, a lot had changed, including the elevation of the trial Judge to the Court of Appeal. “The prosecution will have to begin afresh search for their witnesses.

 

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