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JUDICIARY

Orji Kalu: Lawyers Express Divergent Views on Reversal of Conviction

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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)

CRIME

Court Convicts 9 Chinese Nationals for Cybercrime in Lagos

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 A Federal High Court in Lagos State, on Thursday, convicted and sentenced nine Chinese nationals to one year imprisonment each, for economic sabotage and financial terrorism.

The defendants, including two females, were also given a fine of one million naira each, by the court.

The defendants are: Xiang Hui, Hai Rong, Liu Gang, JI Geng, Li Dong, Huang Bo, Xhiong Zhen, Lai Feng and Deng Qiang

Recall that the Economic and Financial Crimes commission (EFCC), on Dec.

10, 2024, invaded a building at Oyin Jolayemi area of Lagos, where over 700 people were arrested over cyber terrorism and economic sabotage.

On Thursday, EFCC counsel, Mr Nnemeka Omenwa, informed the court that the nine Chinese nationals  had opted for plea bargain.

Defence counsel, Mr Folarin Damela, also confirmed the position, and urged the court to accept the plea bargain agreement.

Consequently, the charge was read to the defendants, and they all pleaded guilty.

The defendants also admitted that they freely consented and signed the plea bargain agreement.

Following their guilty pleas, EFCC counsel urged the court to convict and sentence them in accordance with the plea bargain agreement.

Defence did not object to submission.

Justice Daniel Osiagor consequenly convicted and sentenced the defendants in line with the plea bargain agreement.

The court held that the prison term would take effect  from the Dec. 10, 2024.

The court also ordered that the Nigeria Immigration Service should repatriate the convicts to their country of origin upon completion of the prison term.

Osiagor also ordered that all items found on the convicts, including furnitures and  laptops, should  be forfeited to the Federal Government of Nigeria.

According to EFCC, the convicts committed the offences on Dec. 10, 2024 within the court’s jurisidiction.

EFCC said that the convicts wilfully caused to be accessed, computer systems organised to destabilise and destroy the fundamental economic and social structure of Nigeria.

The commission added that the convicts employed Nigerian youths for identity theft and to hold themselves out as persons of foreign nationality, with the intent to gain financial advantages for themselves.

The offences contravene Sections 18 of the Cybercrimes (Prohibition, Prevention) Act of 2015 ass amended in 2024, and Section 2(3) (d) of the Terrorism (Prevention, Prohibition) Act, 2022. (NAN)

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JUDICIARY

 Federal High Court Mourns ex-Chief Judge

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The Federal High Court (FHC) on Thursday, extends condolences to the family, friends, and associates of its former Chief Judge, Justice Daniel Abutu.

The Chief Registrar of FHC, Sulaiman Hassan, in a statement in Abuja, said the court announced “with deep sorrow, the passing of”  Abutu.

“According to family sources, he died on Tuesday after a brief illness.

“He hails from Kogi  and was born on March 15, 1946.

“The Late Chief Judge served the court and the nation with distinction.

“He was known for his unwavering commitment to justice and administrative excellence.

“His leadership and contributions have left  indelible marks on the judiciary and the legal community at large.

“The Federal High Court extends her  heartfelt condolences to his family, colleagues, friends and all who were touched by his exemplary life and service.

“May his soul rest in perfect peace. Amen.

In honour of his exemplary service and enduring legacy, all divisions of the federal high court are hereby directed to display a portrait of the late chief judge in a dignified and visible area within the respective court premises.”

Hassan said the court has ordered the immediate opening of condolence registers at all its divisions to allow judges, staff, members of the bar, and the general public to pay their tributes and express sympathies to the late Abutu.

He added that further details regarding funeral arrangements would be communicated in due course.

NAN reports that Justice Abutu in one of his landmark judgments on Jan. 21, 2010, directed the Federal Executive Council to produce evidence that then President Umaru Yar’adua can continue to discharge his functions as president in the next 14 days or risk a definitive order of the court ordering the swearing-in of the vice.

Justice Abutu gave the ruling in the lawsuit filed by a member of the opposition, Farouk Aliyu asking to declare the sickly ‘president’ incapacitated and therefore swear in his deputy, Goodluck Jonathan.

The suit was filed by civil rights attorney, Bamidele Aturu.(NAN)

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CRIME

Court Remands 10 Over Alleged Armed Robbery, Murder

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An Iyaganku Magistrates’ Court, Ibadan, on Thursday, ordered the remand of 10 persons in a correctional facility over alleged armed robbery and murder.

The defendants include Sheriff Lawal, 27, Lawal Bashit, 23, Oyewale Sodiq, 30, Akeem Ogunyemi, 41, and Kazeem Afolayan, 40.

Others are Akeem Raji, 37, Olabode Hammed, 25, Yusuf Lekan, 26, Ayomide John, 23 and Samuel Okezie, 32.

They are facing a six-count charge bordering on conspiracy, armed robbery and murder.

The Magistrate, Mrs Gladys Oladele, did not take the plea of the defendants for want of jurisdiction.

She directed the police to return the case file to the Director of Public Prosecution for legal advice.

She adjourned the case until July 21 for mention.

The Prosecutor, Sgt. Samuel Owolabi, told the court that the defendants committed the offences on May 15, at about 9.30 p.m, at Oak Hotel, around Moniya, Ibadan.

Owolabi said the defendants robbed one Shuaibu Adam of the sum of N100, 000, while armed with sticks and cutlasses.

He said the defendants also unlawfully caused the death of one Abdul Isah, 23, by beating him with sticks and inflicted injury all over Adam’s body.

He said the offences contravened Sections 516 and 319 of the Criminal Laws of Oyo State, 2000. (NAN)

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