JUDICIARY
Orji Kalu: Lawyers Express Divergent Views on Reversal of Conviction
Some lawyers in Lagos on Friday expressed different views on the nullification of former Gov. Orji Kalu’s conviction by the Supreme Court.
In interviews with the News Agency of Nigeria (NAN) in Lagos, some of them said that the Supreme Court’s decision was expected while others said that Supreme Court’s nullification of the conviction on technical grounds was not worrisome.
The Supreme Court on Friday nullified the Dec.
5, 2019, judgement of the Federal High Court which convicted Kalu and Ude Udeogu, a former Director of Finance and Accounts in Abia Government House, of N7.1 billion fraud.Justice Mohammed Idris of the Federal High Court in Lagos sentenced Kalu, a serving senator, to 12 years’ imprisonment and sentenced Udeogu to 10 years’ imprisonment.
The Supreme Court, however, nullified the judgement and ordered retrial of the case on grounds that the trial judge was no longer in the Federal High Court at the time he delivered the judgement.
Mr Abiodun Owonikoko (SAN) said that he knew that the judgment of the trial court was technically flawed.
“It was easy to predict that it might not survive on appeal based on the fact that the judge come from the Court of Appeal to conclude and deliver judgment in a criminal trial that he was handling before his elevation to the Court of Appeal.
“The Administration of Criminal Justice Law gave that leeway, but it requires a constitutional amendment to validate it.
“Unfortunately, we did not have such amendment at the material time and sadly, till date .
“All hope is not lost, however; the legislature can be approached to do the needful and render this judgment academic for future cases,” Owonikoko said.
Another lawyer, Mr Chris Ayiyi, told NAN that the apex court did not err in its decision.
“That is the position of the law. As at the time the judge was elevated, he had become funtus officio in that case.
“He could have written the judgment and allowed any judge at the high court to read it,” Ayiyi said.
Reacting, Mr Chibuikem Opara, also a lawyer noted that the apex court relied on technicalities in giving the judgment.
“This reliance on technicalities is becoming too many as it goes a long way to erode public confidence in the judiciary as epitomised by the Supreme Court.
“The earlier we place less reliance on technicalities, the better for Nigeria,”Opara said.
According to him, the trial judge, Idris, began trial in the case while he was a high court judge, but concluded the case by fiat which gave him jurisdiction to conclude the case. (NAN)
JUDICIARY
Woman in Court for Allegedly Damaging N2.5m Shop
One Mrs Subomi Kalejaye, on Thursday, appeared before an Iyaganku Magistrates’ Court, Ibadan, for allegedly damaging a shop worth N2.5 million.
Kalejaye, whose address was not provided, is charged with malicious damage and conduct likely to cause breach of peace.
She, however, pleaded not guilty.
The prosecutor, Sgt.
Samuel Owolabi, told the court that the defendant committed the offences on Dec. 9, about 11.49 a.m. at Jericho area of Ibadan.Owolabi said that the defendant maliciously damaged a shop belonging to one Ajomale Ibrahim.
He added that the defendant conducted herself in a manner likely to cause breach of peace by engaging in the act.
According to him, the offences contravene Sections 249(d) and 451 of the Criminal Laws of Oyo State, 2000.
The Magistrate, Mrs Gladys Oladele, granted the defendant bail in the sum of N500, 000 with two sureties in like sum.
Oladele adjourned the case until Jan. 27, 2025, for hearing. (NAN)
JUDICIARY
Woman Arraigned for Alleged N6.8m Theft
A 41-year-old woman, who allegedly stole N6.8 million from a company, has appeared before an Ojo Magistrates’ Court in Lagos State.
Irene Onyechi appeared before the Magistrate, Mrs O. M. Ogun, on a count charge of stealing.
She, however, pleaded not guilty to the charge.
The prosecutor, Insp Esther Adesulu, told the court that the defendant committed the offence from June to September.
Adesulu said that the defendant stole from the New Concept Pharmacy located at Ojo.
The alleged offence contravenes Section 287 of the Criminal Law of Lagos State, 2015.
The court granted the defendant bail in the sum of one million Naira with two sureties in like sum
It adjourned the case until Jan.
16, 2025 for mention. (NAN)JUDICIARY
Alleged N110bn Fraud: Court Admits ex-Kogi Governor to N500m Bail
A Federal Capital Territory High Court on Thursday, admitted former Governor of Kogi , Yahaya Bello to bail in the sum of N500 million with three sureties in like sum.Justice Maryann Anenih had, on Dec. 10, refused the ex-governor’s bail application, saying it was filed prematurely.Delivering the initial ruling, she said, having been filed when Bello was neither in custody nor before the court, the application was incompetent.
There was, however room for the governor’s lawyers to file a fresh application for bail and apply for hearing date. The former governor is facing an alleged money laundering trial to the tune of N110bn, along with two others.He had pleaded not guilty to the 16-count charges brought against him by the Economic and Financial Crimes Commission.At the resumed hearing on Thursday , Counsel for the former governor, Joseph Daudu, SAN, informed the court that the defence counsel had filed a further affidavit in response to the counter affidavit filed and served by the prosecution counsel.He applied to withdraw the further affidavit, saying, “We do not want to make the matter contentious.”There was no objection from the prosecution counsel, Olukayode Enitan, SAN. The court, therefore, granted the application for withdrawal, striking out the further affidavit.Daudu, also informed the court that discussions had taken place with the leader of the prosecution counsels, resulting in an agreement to ensure a speedy trial.In light of this understanding, Daudu urged the court to grant the bail application.He further requested that if the court would graciously grant the Defendant bail, the court should kindly review the bail conditions for the 1st, 2nd, and 3rd defendants.He urged the court to broaden the scope of properties to be used as bail sureties to include locations across the Federal Capital Territory (FCT), rather than limiting the location solely to Maitama.The prosecution counsel, Enitan SAN, acknowledged that Daudu SAN had been in talks with the prosecution team.In accordance with the Rules of Professional Conduct (RPC), the EFCC Counsel gave assurance of their cooperation in expediting the trial.He said, “I confirm the evidence given by the distinguished member of the bar that is leading the Defence, J.B. Daudu, SAN, that he has been in conversation with the leader of the prosecuting team.“It is legal tradition that we should cooperate with members of the bar when it does not affect the course of justice.”We have decided not to make this contentious, bearing in mind that no matter how industrious the defence counsel might be in pushing forward the application for bail and no matter how vociferous the prosecution counsel can argue against the bail application, your lordship is bound by your discretion to grant or not to grant the application.“We are therefore leaving this to your lordship’s discretion.”Delivering her ruling, Justice Anenih acknowledged that the offence Bello was charged with was a bailable one and granted the ex-governor bail in the sum of N500 million, with three sureties in like sum.The sureties must be notable Nigerians with landed property in Maitama, Jabi, Utako, Apo, Guzape, Garki and Asokoro.Bello was also asked to deposit his international passport and other travel documents with the court.He is to remain in Kuje Correctional Centre until the bail conditions are met.Daudu also prayed for the variation of the 2nd defendant ‘ bail condition.Z.E Abbas, counsel for the third defendant filed a motion on Dec. 17 for variation of bail conditions and urged the court to grant the application.This variation is based on landed property which earlier restricted them to only Maitama.The prosecution did not object.The judge granted their prayers and granted the property location as Yahaya Bello ‘s.The second and the third defendants were earlier admitted to bail in the sum of N300m each with two surgeries in.like sum with property at Maitama.The case was adjourned until Jan. 29. (NAN))