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Why Supreme Court Nullified Kalu’s Conviction

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  • Why Supreme Court Nullified Kalu’s Conviction

The Supreme Court in Abuja on Friday nullified the conviction and sentencing of a former governor of Abia State, Orji Uzor-Kalu, for corruption because the trial judge, Justice Mohammed Liman, lacked the powers to deliver judgment in Kalu’s trial as at the time he did.

According to the apex court in a unanimous decision delivered by Justice Ejembi Eko, the fait on which Justice Liman relied on to deliver judgment lacked constitutional backing.

Justice Liman, who is currently a Justice of the Court of Appeal, had in December last year found the former governor guilty of corruption to the tune of N7.1 billion and consequently sentenced him to 12 years improvement.

While Kalu and a Director of Finance, Jones Udeogo who served under him as governor were both sentenced to jail terms of 12 and 10 years respectively, his company, Slok Nigeria Limited, was liquidated and its assets forfeited to the federal government.

Dissatisfied with the judgment of the court, the second and third defendants had approached the appellate court to set aside the judgment of Justice Liman on grounds of jurisdiction.

The appellants contended that the federal high court in Lagos lacked the jurisdiction to try them because the trial judge was no longer a judge of the federal high court but of the appeal court.

However, delivering judgment in the appeal in March this year a three-member panel of the Court of Appeal dismissed the appeal for lacking in merit.

The Court of Appeal in its judgment read by Justice Olabisi Ige, held that section 98(3) and (4) of administration of criminal justice Act 2015 were not applicable to the appellants’ case.

“Nothing is perverse with the decision of the trial court. The complaint of the appellants is a non-issue,” the judge held.

“If a court has a jurisdiction/power, the fact of doing so under a wrong law is no reason to set it aside. The rights of the appellants were not infringed”, the appellate court had held.

Still not satisfied, the appellants took their case to the Supreme Court where judgment was on Friday entered in their favour.

The seven-man panel led by Justice Amina Augie agreed with the appellants that the court lacked jurisdiction to convict and hand down sentences on the defendants.

It would be recalled that the Economic and Financial Crimes Commission (EFCC) had in 2007 brought a 39-count charge against Kalu and the others.

But, the trial for the 12 years period it lasted suffered several setbacks.

To prevent further setback in the case then President of the Court of Appeal, Justice Zainab Bulkachuwa, had issued a fiat to Justice Liman, who was among the newly promoted judges to the bench of the appeal court, to return to the lower court to conclude cases being tried by him before his elevation.

Without such directive, Justice Liman as a Justice of the Court of Appeal cannot conclude and deliver judgment in the suit.

The implication is that the suit would then have been reassigned to another judge who will then have to start the case afresh.

However, the apex court in its decision held that section 396(7) of the Administration of Criminal Justice Act (ACJA) 2015 on which Justice Liman acted upon to convict and sentence Kalu was unconstitutional.

According to the apex court, the trial court acted without jurisdiction when it convicted Kalu, his firm, Slok Nigeria Limited and Mr Udeogu.

Justice Eko noted that the trial judge, Justice Liman, having been elevated to the Court of Appeal before then, lacked the powers to return to sit as a High Court Judge.

Consequently, the apex court vacated the judgment that convicted the defendants and ordered a fresh trial.

The Chief Judge of the Federal High Court in addition was directed to reassign the suit to another judge for fresh hearing.

Kalu has been in prison custody since December 4 last year. He has now regained his freedom and would face a fresh trial.

He was jailed upon conviction for embezzling funds belonging to Abia State.

Is the CEO/Founder of Investors King Limited. A proven foreign exchange research analyst and a published author on Yahoo Finance, Businessinsider, Nasdaq, Entrepreneur.com, Investorplace, and many more. He has over two decades of experience in global financial markets.

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Senate Suspends Senator Abdul Ningi for 3 Months Over Budget Padding Allegations

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Abdul-Ahmed-Ningi

The Senate has announced the suspension of Senator Abdul Ningi for three months following his allegations of budget padding to the tune of N3.7 trillion in the 2024 budget.

Ningi, who represents Bauchi Central and chairs the Senate Committee on Population, had made the claims in a recent interview with the Hausa service of the BBC.

During a plenary session, Senator Olamilekan Adeola, the Chairman of the Senate Committee on Appropriations, raised a motion to address Ningi’s allegations, citing the urgent need to address what he termed as “false allegations.”

The transcript of Ningi’s interview was read on the Senate floor, prompting deliberation on the appropriate action to take.

Initially, Senator Jimoh Ibrahim proposed a 12-month suspension for Ningi, but Senator Chris Ekpeyong moved to reduce it to six months.

Eventually, Senator Garba Maidoki amended the motion further, suggesting a three-month suspension.

The amended motion was put to a voice vote, and Senate President Godswill Akpabio announced the decision to suspend Ningi for three months.

Following the ruling, Ningi was escorted out of the Senate chamber by the Sergeants-at-arms.

The suspension comes amidst division within the Senate over Ningi’s claims, with some senators disowning his allegations and calling for a thorough investigation.

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Ekiti Governor Unveils Multi-Billion Naira Relief Programmes Amid Economic Crisis

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Biodun Oyebanji

Ekiti State Governor, Mr. Biodun Abayomi Oyebanji, has announced a comprehensive relief package aimed at alleviating the hardship faced by the people of the state.

The relief programs encompass various sectors to cushion the impact of the economic downturn.

One of the key initiatives entails clearing salary arrears amounting to over N2.7 billion owed to both State and Local Government workers.

This move signifies the government’s commitment to addressing the financial burdens faced by its workforce.

Furthermore, Governor Oyebanji has approved a substantial increase of N600 million per month in the subvention of autonomous institutions, including the Judiciary and tertiary institutions.

This augmentation is intended to enable these institutions to implement wage awards in alignment with State and Local Government workers’ salaries.

In addition to addressing salary arrears, the relief programs extend to pensioners, with the approval of payments totaling N1.5 billion for two months’ pension arrears.

Moreover, an increase in the monthly gratuity payment to state pensioners and local government pensioners will provide additional financial support, totaling N200 million monthly.

The relief initiatives also encompass agricultural and small-scale business sectors.

The allocation of funds for food production and livestock transformation projects underscores the government’s commitment to enhancing food security and economic sustainability at the grassroots level.

Governor Oyebanji emphasized that these relief programs are part of the state’s concerted efforts to mitigate the adverse effects of the economic downturn and foster shared prosperity.

The comprehensive nature of the initiatives reflects a proactive approach towards addressing the challenges faced by Ekiti State residents.

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President Tinubu Orders Immediate Settlement of N342m Electricity Bill for Presidential Villa

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President Bola Tinubu has directed the prompt settlement of a N342 million outstanding electricity bill owed by the Presidential Villa to the Abuja Electricity Distribution Company (AEDC).

This move comes in response to the reconciliation of accounts between the State House Management and the AEDC.

The AEDC had earlier threatened to disconnect electricity services to the Presidential Villa and 86 Federal Government Ministries, Departments, and Agencies (MDAs) over a total outstanding debt of N47.20 billion as of December 2023.

Contrary to the initial claim by the AEDC that the State House owed N923 million in electricity bills, the Presidency clarified that the actual outstanding amount is N342.35 million.

This discrepancy underscores the importance of accurate accounting and reconciliation between entities.

In a statement signed by President Tinubu’s Special Adviser on Information and Strategy, Bayo Onanuga, the Presidency affirmed the commitment to settle the debt promptly.

Chief of Staff Femi Gbajabiamila assured that the debt would be paid to the AEDC before the end of the week.

The directive from the Presidency extends beyond the State House, as Gbajabiamila urged other MDAs to reconcile their accounts with the AEDC and settle their outstanding electricity bills.

The AEDC, on its part, issued a 10-day notice to the affected government agencies to settle their debts or face disconnection.

This development highlights the importance of financial accountability and responsible management of public utilities.

It also underscores the necessity for government entities to fulfill their financial obligations to service providers promptly, ensuring uninterrupted services and avoiding potential disruptions.

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