N7.65b fraud conviction: No release order for Kalu - The Nation Nigeria

The apex court did not issue any order for the release of the Senate Chief Whip because he did not file any application for such.

He also alleged that Bulkachuwa erred in law to issue a fiat under Section 396 of the Criminal Justice Act, 2015 which was a non-existing law. Kalu was put on trial for alleged N7.65 billion alongside his company, Slok Nigeria Limited and Ude Udeogu, who was Director of Finance and Accounts at the Abia State Government House when he was governor.

According to a copy of the judgment obtained by The Nation, the Supreme Court clearly stated that the judgment relates only to the appellant. “The case No. FHC/ABJ/CR/56/2007 as it pertains or relates to the Appellant as the 2nd Defendant at the trial court, is hereby remitted to the Chief Judge of Federal High Court for re-assignment to another judge if the Federal High Court for trial de novo. Appeal allowed.”

“The appellant submits, and I agree, that the President of the Court of Appeal is not recognised by both the ACJA, 2015 and the Federal High Court Act as the appropriate authority to exercise any powers pursuant to the provisions.” The President of the Court of Appeal is not empowered to share that statutory function with the Chief Judge of the Federal High Court.The enactment of Section 396 of ACJA, 2015 is an attempt by the National Assembly, in view of this Court’s interpretation of Section 254 of the 1979 Constitution which is reproduced as the substantial part of Section 290 of the 1999 Constitution, to whittle down the operation of the said provisions of the Constitution.

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