But, Kalu and Udeogu Had A Joint Trial- By Mike Ozekhome

For the record, Kalu and Udeogu were both convicted and sentenced by the FHC, Lagos, to 12 and 10 years’ imprisonment, respectively, on 5th December, 2019. The trial was a joint one, under one charge; same Judge; same court; same time; same facts; same witnesses; and the same evidence. Kalu and Udeogu were thus, tied together by the same umbilical cord. They were inseparable Hamlet and the Prince of Denmark; 6 and half a dozen.

They were in the same boat and either swam or sank together, in the raging current of the criminal trial. It must be stated that, Kalu and Udeogu were jointly convicted and sentenced together under counts 24, 25, 27, 28, 30, 31, 32, 34, 37, 38 and 39 (eleven whole counts out of 28). Kalu, on the other hand, was sentenced on 18 separate counts.

It is also pertinent to state that, during the final proceedings of October 22, 2019, the prosecution had argued that the second Defendant (Udeogu) had already admitted to the offence, both in his extra-judicial statement and under cross-examination. He argued that, “the admission is binding on all Defendants”. The Judge agreed, in convicting them. So, what has changed? Nothing, between when the Judge convicted Kalu and Udeogu, and 8th May, 2020 when the SC delivered its judgement. Can Orji Uzor Kalu take Benefit of the Supreme Court Judgement Yes, he can.The position in law shows that, in cases where an accused is tried jointly with another accused and their case is clearly inseparable and interwoven, the conviction of one can never stand where his co-accused is discharged and acquitted. The Supreme Court emphasised this in ALO v STATE (2015) LPELR-24404 (SC), when it held that:

”…where an accused is jointly tried with another or other accused persons and their case is clearly interwoven and inseparable from one another, the conviction of one cannot stand where the other accused person was discharged and acquitted”. See also AFRIBANK NIG PLC v HOMELUX CONSTRUCTION COMPANY LTD & ANOR (2008) LPELR-9020 (CA); UMANA & ANOR v STATE (2018) LPELR-44403 (CA); SHEKETE v NAF (2007) 14 NWLR (Pt. 1053) 159 at 202; YAU v STATE (2012) LPELR-20798 (CA); and UKPE v STATE (2012) LPELR-19715 (CA).

Conclusion
It is clear and beyond argument, that the case and trial of Orji Kalu and Udeogu, being an inseparable joint one, the decision of the SC which set aside the trial of Udeogu, applies with equal force and in similar measure to Kalu. For the avoidance of doubt, and for those concerned that the “fight against corruption”, has in their perception been “defeated”, the SC DID NOT SET Udeogu free, nor discharge him (the benefit of which Kalu is equally entitled to). It merely set aside the trial of Udeogu and remitted the case back to the Chief Judge of the FHC for reassignment to another Judge of the same FHC, for “trial de novo”. In other words, it is not yet Uhuru for them.

So, let us be patient. Let the wheels of justice grind to their sure destination, even if slowly. True, justice delayed is justice denied. But, more serious is “justice hurried, is justice crushed”.

See THE CHAIRMAN, NATIONAL POPULATION COMMISSION v THE CHAIRMAN, IKERE LOCAL GOVERNMENT & ORS (2001) 7 S.C. (Pt. III) 90 at 97-8, 100; TRADE BANK PLC v UDEGBUNAM & ANOR (2004) ALL FWLR (PT. 200) 1576 at 1590 C.A.
The imperious Section 396(7) ACJA, which now been roundly invalidated and struck down by the SC, has brazenly but, unfortunately, challenged eye-ball-to-eye-ball, the supremacy of the Constitution as the grundnorm and font et origo of our democratic dispensation, contrary to Section 1(3) of the same Constitution. Even the ACJA itself was promulgated, not only to “promote the efficient management of criminal justice institutions, speedy dispensation of justice, protection of the society from crime”, but, equally, for the “protection of the rights and interest of the suspect, the Defendant and the victim”. So,‘fiat justicia ruat caelum’ (let justice be done though the heavens fall).

But, the heavens have never fallen. They will not fall now.The NCS is hereby, humbly advised to release BOTH Ude Udeogu and Orji Uzor Kalu immediately, if they have not already done so. The NCS should await their fresh arraignment, and trial. As was once stated by Cassandra Clare,“the law is hard, but it is the law”.

Dr Mike Ozekhome OFR, SAN, Human Rights Lawyer and Activist

But, Kalu and Udeogu Had A Joint Trial- By Mike Ozekhome

For the record, Kalu and Udeogu were both convicted and sentenced by the FHC, Lagos, to 12 and 10 years’ imprisonment, respectively, on 5th December, 2019. The trial was a joint one, under one charge; same Judge; same court; same time; same facts; same witnesses; and the same evidence. Kalu and Udeogu were thus, tied together by the same umbilical cord. They were inseparable Hamlet and the Prince of Denmark; 6 and half a dozen.

They were in the same boat and either swam or sank together, in the raging current of the criminal trial. It must be stated that, Kalu and Udeogu were jointly convicted and sentenced together under counts 24, 25, 27, 28, 30, 31, 32, 34, 37, 38 and 39 (eleven whole counts out of 28). Kalu, on the other hand, was sentenced on 18 separate counts.

It is also pertinent to state that, during the final proceedings of October 22, 2019, the prosecution had argued that the second Defendant (Udeogu) had already admitted to the offence, both in his extra-judicial statement and under cross-examination. He argued that, “the admission is binding on all Defendants”. The Judge agreed, in convicting them. So, what has changed? Nothing, between when the Judge convicted Kalu and Udeogu, and 8th May, 2020 when the SC delivered its judgement. Can Orji Uzor Kalu take Benefit of the Supreme Court Judgement Yes, he can.The position in law shows that, in cases where an accused is tried jointly with another accused and their case is clearly inseparable and interwoven, the conviction of one can never stand where his co-accused is discharged and acquitted. The Supreme Court emphasised this in ALO v STATE (2015) LPELR-24404 (SC), when it held that:

”…where an accused is jointly tried with another or other accused persons and their case is clearly interwoven and inseparable from one another, the conviction of one cannot stand where the other accused person was discharged and acquitted”. See also AFRIBANK NIG PLC v HOMELUX CONSTRUCTION COMPANY LTD & ANOR (2008) LPELR-9020 (CA); UMANA & ANOR v STATE (2018) LPELR-44403 (CA); SHEKETE v NAF (2007) 14 NWLR (Pt. 1053) 159 at 202; YAU v STATE (2012) LPELR-20798 (CA); and UKPE v STATE (2012) LPELR-19715 (CA).

Conclusion
It is clear and beyond argument, that the case and trial of Orji Kalu and Udeogu, being an inseparable joint one, the decision of the SC which set aside the trial of Udeogu, applies with equal force and in similar measure to Kalu. For the avoidance of doubt, and for those concerned that the “fight against corruption”, has in their perception been “defeated”, the SC DID NOT SET Udeogu free, nor discharge him (the benefit of which Kalu is equally entitled to). It merely set aside the trial of Udeogu and remitted the case back to the Chief Judge of the FHC for reassignment to another Judge of the same FHC, for “trial de novo”. In other words, it is not yet Uhuru for them.

So, let us be patient. Let the wheels of justice grind to their sure destination, even if slowly. True, justice delayed is justice denied. But, more serious is “justice hurried, is justice crushed”.

See THE CHAIRMAN, NATIONAL POPULATION COMMISSION v THE CHAIRMAN, IKERE LOCAL GOVERNMENT & ORS (2001) 7 S.C. (Pt. III) 90 at 97-8, 100; TRADE BANK PLC v UDEGBUNAM & ANOR (2004) ALL FWLR (PT. 200) 1576 at 1590 C.A.
The imperious Section 396(7) ACJA, which now been roundly invalidated and struck down by the SC, has brazenly but, unfortunately, challenged eye-ball-to-eye-ball, the supremacy of the Constitution as the grundnorm and font et origo of our democratic dispensation, contrary to Section 1(3) of the same Constitution. Even the ACJA itself was promulgated, not only to “promote the efficient management of criminal justice institutions, speedy dispensation of justice, protection of the society from crime”, but, equally, for the “protection of the rights and interest of the suspect, the Defendant and the victim”. So,‘fiat justicia ruat caelum’ (let justice be done though the heavens fall).

But, the heavens have never fallen. They will not fall now.The NCS is hereby, humbly advised to release BOTH Ude Udeogu and Orji Uzor Kalu immediately, if they have not already done so. The NCS should await their fresh arraignment, and trial. As was once stated by Cassandra Clare,“the law is hard, but it is the law”.

Dr Mike Ozekhome OFR, SAN, Human Rights Lawyer and Activist

Nigerian Senate, NLRC Back Supreme Court Judgement On Sen. Orji Uzor Kalu

The Nigerian Law Reform Commission (NLRC) has thrown its weight behind the Supreme Court Judgement quashing 12-year jail term slammed on Senator Orji Uzor Kalu by Justice Mohammed Idris on the 5th of December 2019.

The Acting Chairman of the Commission, Professor Jummai Audi declared to the Senate Committee on Judiciary Human Rights and Legal Matters that the Judgement of the lower court against Orji Uzor Kalu was an absurdity on account of the Justice who completed hearing and ruled on the case.

Professor Audi who made the declaration during her screening for the substantive Chairmanship position of the Commission on Wednesday, said: “On the Orji Uzor Kalu’s case, I think it is an absurdity.

”The administration of criminal justice has to be amended because you can not say that a Judge, who by law has been appointed to a higher level should step down in order to decide a case and then caterpault himself up again to his normal position.

“We can read a lot of intention to that which is unconstitutional, undemocratic and unacceptable. Because it is not acceptable, the decision taken by that arrangement cannot stand”.

She added that since provisions of the Administration of Criminal Justice Act (ACJA), relied upon for the judgement , cannot override that of the 1999 Constitution, it will have to be amended.

Virtually all the members of the committee like Senators James Manager (PDP Delta South), Peter Nwaoboshi (PDP Delta North), Chukwuka Utazi (PDP Enugu North), Gabriel Suswam (PDP Benue North East) and Ibrahim Hassan Hadejia (APC Jigawa North), supported the submission by chorusing ” you are well guided”.

Recalled that in its reaction to the Supreme Court Judgement, the Chairman of the Presidential Advisory Committee against Corruption, Prof Itse Sagay, SAN, expressed his displeasure over Apex Court’s judgment nullifying the trial of Kalu, and others…

He said: “No section of the constitution prevented a judge, who was promoted to a higher court, from continuing to hear pending cases in the lower court.

“(But if) the National Assembly then passes a law that grants the authority to that judge, I think the Supreme Court doesn’t have the power to insist on its own interpretation by referring to the constitution, which has no such provisions”. #istandwithorjikalu

How I Blew N38.8b Security Votes in Eight Years.- Ex-Governor T.A. Orji

By Gabriel Ogunjobi,

By Yusuf Alli, Managing Editor, Northern Operation.

All payments made in cash
Gave N5.760b to Abia lawmakers, N7.2b to informants,
Made payments to traditional rulers, others

A former Governor of Abia State, Senator Theodore Orji has furnished the Economic and Financial Crimes Commission (EFCC) with details of how he spent his N38.8billion security votes during his eight years in office.

Orji who was in charge of the state between 2007 and 2015 is being investigated by the anti-graft commission for corruption.

He said he collected N38.8billion as security votes during the period and not N48billion as alleged by the EFCC.

Orji who is currently representing Abia Central Senatorial District in the National Assembly said he shared much of the N38billion with members of the state House of Assembly, his security informants and traditional rulers.

He claimed to have also given part of the money to military units,the police,the Nigeria Security and Civil Defence Corps (NSCDC) and security agencies as what he called statutory allocations.

In a tell-it-all statement to his interrogators, the former governor said he gave successive members of the State House of Assembly N5. 760billion, at N60million per month, in the eight years.

He also claimed to have paid N75million monthly to security informants in 15 of the 17 local government areas of the state within the same period.

The yet-to-be identified informants allegedly pocketed a total of N7.200billion between 2007 and 2015.

Some of the security agencies, according to him, received N2million per month.

However, he told the interrogators that he does not have a comprehensive list of all the beneficiaries of the largesse because the Government House staff who used to disburse the cash is no more.

He gave the man’s name simply as Felix.

Orji said he did not ask for the list from Felix at the expiration of his tenure as governor.

He only issued directives to Felix on how to share the security votes.

He also said he never collected cash either from the Director of Finance or the Cashier in Government House.

The EFCC insists that Orji collected N48billion in eight years.

It has retrieved five huge bags of documents from the relevant desks in Abia State on the ex-governor’s financial transactions.

Based on Orji’s confessions, the EFCC is expected to arraign him in court soon being in what a source described as “a straightforward case.”

The Nation gathered that the former governor made the revelations during a session on oath in the presence of his lawyer, who he referred to as Edmund.

It was the first time Orji would open up after many years of trying to make him respond to allegations against him.

Orji said he received N370million monthly as security votes in 2007 and N410million monthly from 2008 to 2015.

He said that from his assumption of office up to his exit the funds were distributed in cash. “There were also statutory funds to the security agencies,” he was quoted as saying.

He said the first Speaker in 2007 and the last Speaker in his second term confirmed the receipt of N60million monthly from his security votes.

He said the Majority Leader also attested to the receipt of the monthly cash although he claimed he did not know “ how they shared the money.”

He could not explain what the monthly cash to the lawmakers was meant for or remember the exact amount he was giving the traditional rulers monthly.

Orji admitted that all disbursements by the late Felix were based on his directives.

Usually, according to him, the funds were brought by the Director of Finance (DF)in batches.

The DF would then inform the ex-governor on how much had come and would then be kept in the accounts.

Orji would, in turn, issue directive to the late Felix on what to disburse and to whom.

He was quoted as saying “Felix comes to show me how disbursement is made. After disbursement, Felix keeps the list for safety. As I was leaving the Government House, I didn’t ask him for the list.”

He claimed that he never personally collected any cash from the votes whether from the Director of Finance or Government House cashier.

The funds were channelled through Felix “on my directives,” he said.

The EFCC is still working on the charges against Orji.

But a reliable source told The Nation that investigation had “reached an appreciable stage for trial.”

Continuing, the source said: “We have been on this case since March 2017. Our operatives were painstaking in cracking this case.

“We will arraign the ex-governor in court any time from now because the charges are ready. The only challenge is COVID-19 but we won’t allow it to affect the arraignment.

“In the face of the law, he is presumed innocent until proven guilty by the court. The onus is on him to prove beyond reasonable doubt that he did not commit the financial recklessness

The source said the use of security votes was the first leg of the ongoing probe of Senator Theodore Orji.

The former governor has been under investigation since November 22, 2018 following a petition from a group, Fight Corruption: Save Nigeria Group

In the March 17, 2017 petition, the group alleged that Orji received and diverted various sums of monies that accrued to Abia State while in office.

The breakdown of the amounts allegedly received by him are as follows:

N383 billion revenue from federation accounts

N55 billion Excess Crude Revenue

N2.3 billion Sure – P

N1.8 billion Ecological funds

N10.5 billion loan from First Bank of Nigeria through the Ministry of Chieftaincy and Local Government Affairs.

N4 billion Loan from Diamond Bank

N12 billion Paris Club refund

*N2 billion Agricultural loan for farmers

*N55 billion ASOPADEC.

©The Nation

FOR THE PEOPLE OF ISIALANGWA SOUTH, THE ALEX OTTI’S PROMISE IS A CONTINUOUS REALITY.- By Ferdinand Ekeoma

In 2017, a foremost banker-turned politician, Dr. Alex Otti OFR, made a solem pledge to the suffering people of Isialangwa South, to use his network of contacts and relationship with some respected personalities in the present Federal Government and ensure urgent intervention that could see some of the roads in the area constructed.

• 

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In one of the gatherings where he broke this cheering news in the most polite and calm manner, the ever passionate women of Umuru Nvosi, shouted in excitement and prayed that the promise would become a reality.

Even though the women believed Otti, knowing very well that he is not given to empty promises and bogus claims, yet, they didn’t imagine that its actualization would come with such swiftness, hence their amazement when earth moving quipment started arriving the area in early 2018.

Just few days before the commencement of the road construction which was to be undertaken by the NDDC, there was a hitch, unfortunately from agents of Abia state government who tried to stop the Contractor, claiming that the Isieketa Mbawsi road had been awarded by the state government.

The contactor alleged that the directive for the stoppage of work was issued to his men by the LGA Chairman after his attempt to extort money from them was rebuffed.

While the initiator of the project, Dr. Alex Otti swung into action to ensure that the government’s politically motivated plot to obstruct the project did not succeed, the people of Isieketa/Mbawsi and environ, who were in joyous mood and relishing the opportunity of having a brand new road, didn’t take the antics of the government lightly, thus they swiftly mobilized their people and staged a serious protest that sent out a strong message of warning, daring the LGA Chairman and his collaborators.

Having seen all hitches cleared, the contractor and his men moved in and began serious work with inspiring speed.

By July 2018, the first phase of the project, which is a solidly constructed 5.5 Kilometer Osieketa road was delivered by the contractor, amid joy and excitement.

During the commissioning, the Special Adviser to the President on Media, Mr. Femi Adesina who was on ground to comission the project, thanked Dr. Alex Otti for initiating the project leveraging on his contact at the Federal, and told the people of Isieketa not just to be appreciatiave of Otti, but to also ensure proper utilization of the road.

• 

The Contractor in Charge of the project, Engr. Chibuike Achigbu (Akacha) re-echoed the same message of proper use of the road, assuring the people that the road came with stone base, assuring them of its durability.

Speaking, the initiator of the project, Dr. Alex Otti assured the people that the road project was going to cut across various communities of the Local Government, and that the second phase would lead all the way to Mbawsi.
As the financial expert promised, huge progress has been made, as work has been on top speed, all the way to Mbawsi.
All the places Abia state government “built” on the radio, including Umuru/Umuehim road, have now witnessed physical and verifiable transformation, not the type that exists only in the government’s world of utopia.

In line with his serious mindedness, and regard for quality, Dr. Otti from day one made it a duty to ensure that so much importance was attached to quality.

And just two days ago, Dr. Otti, accompanied by the Contactor Engr. Achigbu embarked on the inspection of the almost completed Eketa/Mbawsi road, Umuru/Umuolike Okpualangwa road and Amuha/Uhum road that just commenced.

Work is ongoing, new quality roads are springing up, and Alex Otti is determined to ensure that his promise to use his contact and ensure that the people of Isialangwa South massively benefit from these FG sponsored projects is a continuous reality that shall surpass the expectations of the people.

Like George Herbert Bush once declared “We are given power, not to advance our own purposes, neither to make great show nor name in the world, but there is only one use of power, and it’s to serve the people”. Dr. Alex Otti OFR must be commended for using his little power and contact to wipe the tears of the people of the area who for years suffered terribly to move in and out of their communities because of bad roads. Today, life is better for the people of Isialangwa, and it can only get better for them, because, the Alex Otti’s promise is a continuous reality.

Court sentences Uniport student to death over murder of eight -year-old girl

A High Court in Port Harcourt has sentenced a second-year student of Physics department, University of Port Harcourt, Ifeanyi Dike and one Ugochukwu Nwamiro to death by hanging over the murder of an eight-year-old girl, Victory Chikamso Nmezuwuba.

The duo was sentenced to death without options of fine. One is to be hung on his neck until he dies while the other is to be hung on the leg till he dies as well.

Dike, who was 23 years old when the incident happened in 2017, was apprehended by a local vigilante group in the Eliozu axis of Port Harcourt with a sack containing Chikamso’s remains following a tip-off. The local security outfit later handed Dike over to the police for further investigations and prosecution.

He (Dike) reportedly removed the victim’s eyes, vagina, finger and tongue, after defiling and murdering her with the assistance of his cousin, Ugochukwu.

Few days after he was handed over to the police, Dike escaped from the premises of the State Criminal Investigation Department, (SCID), with the aid of the police personnel on duty, Sgt Johnbosco Okoronze who failed to handcuff the suspect after he had finished writing his statement.

Dike’s escape raised serious criticism and condemnation on the police even as the then Rivers State Commissioner of Police, Zaki Ahmed, described it as unfortunate and an embarrassment to the police force, adding that such mistake resulted due to an individual’s negligence.

Few weeks later, Dike was however rearrested in Jos,plateau state capital by security operatives and was brought back to Port Harcourt for trial.

During trials of the case, the police prosecutor, Sgt. Blessing Oheyen tendered the body parts of the victim as evidence to the court.

Barely, three years after the trial, the Judge, Justice Adolphus Enebele, ruled that the evidence before the court shows that the duo conspired and murdered Chimkamso and hence, sentenced them to death.

The judge also sentenced Sergeant Johnbosco Okoronze of the State CID to one-year imprisonment for aiding the escape of Dike from Police Custody in PortHarcourt.

Family of the victim, Chikamso expressed relief on the judgement while relatives of Dike were seen in court weeping after the judgement.

©Guardian

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SENATOR ORJI UZOR KALU & THE SUPREME COURT.- By Ubani Monday

Mr. Ubani Monday former Chairman NBA Ikeja speaks:

I want to thank my friends that have been asking for my input to the Supreme Court judgement on Senator Orji Uzo Kalu that may appear bizarre in the eyes of the uninitiated(non-lawyers).

The truth of the matter is that the trial court erred seriously in the handling of Orji’s matter which has led to the nullification of the conviction and sentence secured by the trial judge.

Recall that one Justice Mohammed Idris who is now at the Court of Appeal was the trial judge at the Federal High Court Ikoyi of the criminal trial of Senator Orji Kalu.

In the course of trial that lasted several years, about 12 years he was subsequently elevated to the Court of Appeal. Orji’s trial appeared stalled until the President of of the Court Appeal invoked a section of the Administration of Criminal Act, 2015 that empowered her to grant a fiat to the learned Judge to go back to the Federal High Court to conclude the trial which he dutifully did that led to Orji’s conviction and sentence.

At the Supreme Court the noble learned Justices held that the judge who concluded the trial had no jurisdiction as the said fiat he was given to conclude the trial was inconsistent with the provision of the constitution that a judge of the court of appeal cannot “descend” to also be a judge of the Federal High Court.
In other words, the composition of the trial court was at variance with the provision of the constitution that gives jurisdiction to the Federal High Court. The meticulous eyes of the judges of the supreme court saw the aberration and did not hesitate to so hold.

What the judgment said is that the trial of Orji and others should start at the Federal High Court before a different and new judge assigned by the Chief Judge of that court De Novo(from beginning).

Please note that jurisdiction is a threshold issue and either a court has one or it does not have it and whenever the issue is raised even if for the first time at the supreme court and found to be lacking the Supreme Court will and has always nullify such trial.

The judgement is sound and there is no basis to criticise it except on sentimental basis. It cannot be faulted legally. The people that drafted and inserted the section that permits a trial judge that has been elevated to continue with the trial at the trial court meant well, but they should have also persuaded the amendment of the constitution by the legislature on the issue of the jurisdiction of the trial court in the CIRCUMSTANCE. This omission is very grave and anyone defending that the amendment should have been allowed to stand even after offending the constitution is very STRANGE ARGUMENT. JURISDICTION IS KEY TO EVERY CASE IN NIGERIA, NAY IN THE WORLD!

The Prosecution, EFCC should assemble all its witnesses once again and be prepared to commence trial afresh after the Chief judge has assigned the case to a new judge entirely. The judgement did not say that Orji is acquitted and discharged from the offence of the alleged fraud. He still have to face his trial anew.

For Senator Orji Uzo Kalu, this is a temporary relief and if he succeeds in defending himself successfully over the allegation of fraudulent misappropriation of Abia’s treasury, it will be hossanna for him and his co-accused. We will as usual follow up this case until it is finally disposed off either way, AND BELIEVE ME IT WILL STILL END AT THE SUPREME COURT IF EFCC IS SERIOUS WITH THEIR THREAT!

It shall be well with Nigeria!
MOU…….

ORJI UZOR KALU CASE: HOW I MADE MY PREDICTION.- By DPA Rambo

Exclusive!

• 

DPA Rambo
Boston, Massachusetts

It was really a challenging task to try to unravel what could have happened in the case of Senator Orji Uzor Kalu(OUK) that suddenly landed him in prison on December 5, 2019. I had been virtually neutral or indifferent over Senator Orji Kalu until he was convicted and jailed. I had already forgotten that he was facing a trial. But once convicted, I decided to analyze his case. I was shocked by the following discoveries:

1) Justice Mohammed Idris who convicted Orji Uzor Kalu was already promoted to the court of appeal and he had been sworn in as a Court of Appeal judge before he started taking evidence in the case of OUK. Many people will think that Idris was already in the middle of the case when he got promoted to the court of appeal and he was only trying to finish what he had started. But no! Idris had not started the case when he was promoted. It was after his elevation that he started the case and began to rush it. Why? Why?

2) Justice Kolawole was another Federal High Court judge that was promoted to Court of Appeal at the same time as Idris. Kolawole was asked if he would continue with Federal High Court cases assigned to him. He declined, saying that it would be unconstitutional for him to be a Court of Appeal Justice and be hearing a High Court case. Would he be signing as Kolawole J (as he had ceased to be) or as Kolawole JCA (as he had since become). Kolawole did what was right because he had no interest in any case. Idris did the opposite because he had a personal interest in Orji Uzor Kalu’s case.

3) Justice Idris is the” rogue judge” that as penciled down and determined to nail Orji Kalu at all cost and he was ready to violate the constitution to achieve that outcome. (And now look at what he did to Dr. Orji Uzor Kalu and to the country. He wrongfully put a man in jail for 6 months (which is equivalent of 9 months by prison calendar). He destroyed businesses and many peoples employment. He wasted the time and resources of the Supreme Court spent to correct his mess).

4) When Idris insisted on continuing with Senator Kalu’s case after his promotion to the court of appeal, an objection was raised. But he stubbornly insisted. Why, Was there a hidden agenda ?

5) As a court of appeal judge, you do not get any new credit for any case you go back to handle at the High Court. Why would Idris be wasting his time with a High Court case that could not be recorded toward his future credit? Because he was a rogue on a mission.

“Then I studied Orji Uzor Kalu closely. I saw he was a perfect target for the worst kind of manipulation”.

Below are the reasons;

(a) Orji Uzor was an unquestionable viable presidential candidate if rotational politics allocated the presidency to the Igbos in 2023.

(b) Orji Uzor Kalu is the only Igbo man who is also a publisher and owner of newspapers publishing company (The Sun) that is known nationwide. This is a strategic asset so I was not surprised when justice Idris targeted Sun Newspaper for destruction.

(c) Orji Uzor Kalu is one of the richest Igbo men.

Ibeto is rich, but nowhere as rich. Emeka Offor is rich, but lacks OUK’s “strategic political powers”.

Innoson is rich, but constantly vulnerable to harassment and intimidation by the EFCC and Customs. Orji Uzor Kalu was the ideal Igbo personality who needed to be contained and this case was the perfect opportunity and Justice Idris was the rogue to carry out the dirty job.

(d) Of all Igbo politicians, OUK as he is fondly called has the greatest level of support from the Northern part of Nigeria, making him a more viable presidential and nationally accepted candidate.

(e) This appeal that was decided on May 8 was an interlocutory appeal filed in 2018 when Idris refused to recuse himself from the case. (Many people, including people you thought would know better assumed that this was an appeal against his conviction in December of 2019. No, this was an interlocutory appeal filed in 2018 against Idris’ insistence that he must remain the judge even after the Constitution disqualified him.

(f) When the appeal landed in the Court of Appeal, the Court of Appeal declined to hear the appeal. They kicked it up to the Supreme Court. Why? Why? So, I knew this was an important appeal. Of course, Judge Idris went ahead to convict OUK and to target his businesses.
If the issue was just 7.6 billion naira, why not allow the company to just pay it, since companies don’t go to jail? But the judge wanted not only to jail OUK, but to also cripple his business empire such that if he eventually won on appeal, it would be of no use to him.

When I looked at all this, I carefully reviewed the case and I analyzed the 7-man panel of supreme court justices to sit on the appeal. I knew that the interests that controlled Justice Idris would not be enough to control those 7 Supreme Court justices. I also knew that after so many problems last year and this year, the Supreme Court was facing an image or reputational crisis and they are careful to avoid more mistakes or bad public opinion. I felt confident that they would quash the conviction of Senator Orji Uzor Kalu.

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Apologise to Orji Kalu, APC tells EFCC

The Enugu State chapter of the All Progressive Congress (APC) has declared that the Senate Chief Whip, Senator Orji Uzor Kalu, deserves an apology from the Economic and Financial Crimes Commission (EFCC), not a retrial.

In a statement by the state chairman of the party, Dr Ben Nwoye, it called on the “Senate and House Committee on Judiciary to investigate the facts and circumstances that led to the malicious prosecution and unlawful incarceration of Distinguished Senator Orji Uzor Kalu.”

The party felicitated with the Senator representing Abia North Senatorial district over the Supreme Court judgement which nullified his conviction by a Federal High Court.

It said the decision of the apex court has “deepened” the Nigerian judicial system.

“We the good people of Enugu State APC celebrate with our Leader, an Igbo icon, His Excellency, Distinguished Senator Orji Uzor Kalu on his victory today and the nullification of his conviction by the Supreme Court.

“Today, more than ever before, our trust in the Nigerian judicial system has deepened. It took the court to right the wrong of another courts. This victory stands as a testimony that the court is indeed the last hope for both a common man and uncommon man.

“Injustice to a common man is equally as painful as injustice to an uncommon man. We are happy to know that your determination has pulled you through. We are comforted by your exemplary determination to change the criminal justice system to ensure that no innocent person shall suffer unlawful incarceration in our nation.

“God has used five months of your productive and youthful life to expose over half a century decay in our criminal justice system. We thank God and we thank the learned jurists for giving you back your freedom.

We respectfully demand that the EFCC should render an oppology to you for wrongful prosecution. It is a time for deep reflection on the part of EFCC and not a time to make puffy statement regarding further prosecution. One wrong prosecution has already resulted in five months of unlawful incarceration.

“H.E Senator Kalu deserves an apology from EFCC not a re-prosecution. We respectfully, request that EFCC should channel its resources to the prosecution of backlogs of other cases instead of engaging in vindictive repeat prosecution of an Igbo Icon.

“We are calling on the Senate and House Committee on Judiciary to investigate the facts and circumstances that led to the malicious prosecution and unlawful incarceration of Distinguished Senator Orji Uzo Kalu.

The good people of Enugu State and indeed the entire Nigerian people would like to know how an Appeal Court Justice stepped down from his upper chambers and sneaked into a lower court room and handed out an unlawful criminal conviction against a serving Distinguished Senator of Federal Republic of Nigeria.

“The key question that begs the answer is: ‘was it a mistake or was it a political witchhunt?’ We fear that it is the later.”

“Once again, I and on behalf of the good people of Enugu State APC welcome back our hero. Congratulation Distinguished Senator Orji Kalu. You are the Mandela of our time. Nigerian people look forward to enjoying the quality representation you brought in the red chamber.”

STATEMENT BY SENATOR (DR.) ORJI UZOR KALU ON RELEASE BY SUPREME COURT.

Abuja, May 8, 2020

Today, the Supreme Court of Nigeria gave a judgment in my favor, quashing the conviction which the lower court had entered against me. By today’s judgment, the Apex court of our dear country affirmed my right to fair hearing and equal protection of the law.

The past five months have been quite a profound period for me. As challenging as that period has been, it has provided me an opportunity to learn invaluable lessons about our country, our peoples, our justice system and the true meaning of love. I mean love for family, love for our country and love for humanity.

I want to use this moment to thank my family, my colleagues, my friends, my supporters, the people of Abia State, and all Nigerians for their unflinching and unwavering confidence and trust in me through the very testing period. We all know today that their prayers have not been in vain. I also use this opportunity to express my gratitude to the Nigerian Correctional Service for the unalloyed professionalism and sincere humanity extended to me by its staff while I was in their custody.

I must accord a special mention to the Justices of our Supreme Court for their unwavering commitment to rule of law. We all stand reminded of the consistent and strategic relevance of the Nigerian Supreme Court in holding this country together, even in moments of great peril. As far back as in the 1971 case of LAKANMI V. ATTORNEY GENERAL OF THE FEDERATION, (the Ademola Adetikumbo-led Court) the Nigerian Supreme Court has severally rescued this country from the precipice. Also throughout the dark era of military rule in Nigeria, the Supreme Court neither wavered nor flinched in its commitment to justice and fairness. And despite some moments of distraction and mass hysteria, the Nigerian Supreme Court has remained the veritable compass to the highest ideals of justice attainable in this country. This long tradition of the court was exemplified in today’s judgment. I was humbled by the court’s boldness and sense of justice as shown in my case.

Overall, my experience tested and reaffirmed my belief and confidence in our country, Nigeria. My case is a true Nigerian story with a bold MADE-IN-NIGERIA stamp on it. It is a story of initial injustice that was caught and ultimately corrected. It is a story of restoration. It is a story of how a wrong was righted and how justice and truth prevailed in the end. It is a story of the power of hope. My case should teach us all that even though we may not get things right at the first attempt, with patience and dedication, we shall get them right eventually. That is the lesson of my case and that is the lesson of our country – that with dedication and patience, we shall place Nigeria in its rightful place eventually.

Before I end, I would like to let it be known that the events of the past five months gave me an added perspective on matters of justice and injustice in Nigeria. I have come to know that the course of justice will not be complete if it stopped at my case. It must continue until it touches the lives of millions of Nigerians who face injustice anywhere in this world. I shall be dedicating my time henceforth to ensuring there will be justice for all Nigerians whether they are in Sokoto or Akwa Ibom or in Lagos or Maiduguri or in Jos or Enugu, or wherever they may be. Justice for one man or for a few people will no longer be enough in this country. A system whereby over 70% of all prison inmates population is made up of people awaiting trial cannot be allowed to continue. Situations where innocent people are falsely charged with murder just to get them out of the way does not dignify our country and cannot continue. Justice must now mean justice for all. That is my pledge to Nigerians.

I look forward to rejoining my colleagues in the Senate as soon as possible.

Thank you and God bless all of you.

Signed by:

SENATOR (DR) ORJI UZOR KALU
(Given on the occasion of the Supreme Court judgment quashing the judgment of a lower court entered against him on December 5, 2019)

OUK_WINS: Supreme Court Overturns Orji Kalu’s Convictions

The Supreme Court sitting in Abuja on Friday unanimously overturned the conviction of Senator Orji Uzor Kalu in the “N7. 65 billion” fraud.

Recall that Senator Kalu was convicted and sentenced to 12 years for allegedly defrauding the government of Abia State where he was a governor for 8 years using his company, Slok Nigeria Limited.

However, Senator Orji Uzor Kalu in his suit challenged the jurisdiction of the Lagos Division of the Federal High Court chaired by Justice Mohammed Idris who delivered the sentence. In Kalu’s Counsels argument, the Court of Appeal Judge who delivered the judgement at the Federal High Court convicting him lacked the power to do so.

Despite the objections raised by Senator kalu’s counsels , the appeal court judge proceeded with the case at the high Court and sentenced Senator Kalu.

The supreme court in its judgment declared that the judgement of the court of appeal delivered is hereby set aside . The court ruled that justice Idris having already being elevated to the appeal court lacked the power to sentence Kalu.

Abia Politics of Bitterness and the Need for Circumspection.-By Uche Aguoru

I have always believed that constructive and incisive criticism is a fundamental component of every democracy, it is also an established fact that criticizing democratically instituted governments is a means of holding them to account and all through my life I have been a great apostle of holding public servants to account and that I have done by responsibly scrutinizing governments and its activities.

But looking at recent events in my state, I often ask myself when and how did we get to the level of such wickedness and gross injustice to the point where we now hide under the cloak of freedom of speech and social activism to conjure up falsehood through graphical distortion of facts to suit our evil and negative agenda aimed at attacking peoples image just to destroy them politically or ruin their businesses for political reasons.

At a time like this when world leaders are battling on how to save mankind from the dangerous grip of the dreaded coronavirus pandemic, it beats my imagination how a human being will hatch such a ridiculous and devilish plot by opening a pack of 10 Kg of garri emptied it, leaving just a little above half a cup snapped it and post it on social media with a claim that it was what he got from the covid-19 relief distributed by Hon. Chinedum Orji to his constituents.

Wherein lies our conscience?

Every Abian on social media must have seen a video that emerged a few months ago, where someone intentionally manufactured a video from only God knows where and superimposed a voiceover on it claiming that the heaps of damaged foreign currency stashed in a house belonged to Senator T.A Orji’ the former governor of Abia State.

What could be more damaging on some ones image than that and I dare ask what else could be the motivation for such wickedness and falsehood if not for political reasons?
I am one of those who had been pleading for the release of Emperor Gabriel Ogbonna but each time I retrospect on the reasons behind his incarceration I get bemused as to what could drive a legal practitioner who understands his legal limitations into propagating such malicious material targeted at maligning the image and personality of a sitting governor if not for political or financial inducement.

Most recently letters have been flying all over social media space purportedly written and endorsed by Governor Ikpeazu with his signature, letterheads and official seal. while the governors media handlers are saying that the governors signatures were forged, the opposition had insisted that the letters emanated from the governor’s office and Dr. Alex Otti emphatically stated that some aides of the governor authored the letter while the governor personally endorsed it, and as if that was not enough more letters surfaced with the governors signatures condoling with the IPOB family over the purported demise of their leader Mazi Nnamdi kanu.

While we are still arguing back and forth on the origin of those letters, my worry is the rate at which we demean the office of the governor and its insignia to the point that secret documents that are supposed to be an exclusive preserve of the governor’s office and its corresponding institutions are now reduced to a social media plaything.

It’s a shame that issues like this will be allowed to crop up at a time when scientists have all retired to their laboratories searching for solutions on how to get us out of the trouble we are in today and leaders at various levels are putting in all they have in order to ensure that we all are saved from death,
All of us must not share same political ideology and there is no edict that mandates that we all must vote a particular party or candidate in any given election, I recognize your right to critique politicians and public office holders and even your rights to political association but please be constructive and take cognizant of the fact that where your right stops is where mine starts.

There is need for us all to give dirty politics a well-deserved holiday this pandemic season and rather join forces with government at all levels to work towards a post covid-19 era so as to help navigate our state out of the pending social and economic down time about to be experienced.

Aguoru
Writes From Umuahia

Fa Ajuro Ese -They Didn’t Inquire- Part 2:- By Obinna Don Norman

The N100k supposed dud cheque blackmail (picture below) was engineered by one Promise Uzoma Okoro (PUO) against me in 2018. It was the criminal scheming that fetched him his present job; S.A. Media to the Speaker, Abia State House of Assembly, Engr. Chinedum Orji.
This hunger-induced machination against me is a precise illustration of recompensing good with evil. But the gods blinded him not to have remembered that we had some chats over the cheque in 2017. Amid provocations and name-callings, I kept mum, even though I have tangible evidence to defend myself. Nonetheless, it was a difficult decision, but I exercised restraint and waited for the right moment.

I do not know the said Uzoma Okoro or ever met him until in July 2017 when I was still Senator T.A. Orji’s Media Advisor. He put a call across to me and requested for an audience. I told him that I would be in Umuahia the upper week and subsequently scheduled a meeting. He gave me his wedding invitation card for Ochendo and pleaded with me to ensure he honours it.

During the wedding in August, Ochendo was in abroad. To honour my promise to PUO, I came to Umuahia and attended his wedding reception in the company of NUJ National President, Mr Chris Isiguzo. As we were about to leave, I gave him the undated cheque of N100k on behalf of my boss. I told him that the amount was what he approved and that it would be redeemed when he returns from abroad.

Unfortunately, I resigned my appointment with Ochendo when he returned. Before then, PUO had chatted with me, and I told him the challenges I had but still assured him that I would do my best. Unfortunately, it never happened before I left Ochendo in September.

At a stage, PUO threatened to write a story against Ochendo over the cheque. His anger was that he contacted Ochendo, but he (Ochendo) denied knowledge. I advised him not to do it in order not to give Ochendo the impression that I instigated the story against him. (see screenshot text below).

Unfortunately, PUO I advised not to attack Ochendo, presented the same cheque to my accusers (when they were looking for something to discredit me with) as a propagandistic tool to blackmail me when I started the serial: Raped and Enslaved – Abia’s Era of Kleptocracy -. It instantly endeared him to them and prompted his subsequent employment.

If I had encouraged PUO to attack Ochendo then, it would have been a no-brainer for him because blackmail is in his DNA. A lot of Abia public officeholders can attest to this. If PUO was a spirit-filled Assemblies of God Church bible student; he would have worn sackcloth and ashes and apologise to me. But on the contrary, he authored several defamatory articles against me on his blog.

In most those articles, he described me as “a serial blackmailer”, “a drunk”, and “a criminal”, deserving him incarceration at Afara prison, despite no court convicting me of any of such crimes. I have the screenshots of those publications including, the ones published by his ilk, one Ugochukwu Nwankwo.

My lawyer had sought my permission to take legal action against them after a High Court sitting in Umuahia struck out the trump up charges filed by Agbazuere against me. They include kidnapping, illegal possession of firearms, blackmail, threatening behaviour, inciting violence and cybercrime. I would have given him the go-ahead to sue them but for my philosophy. Funny enough, this is the same character that pretends to love, and willing to die for Ochendo and his son.

Below is the screenshot evidence of my chats with Promise Uzoma Okoro. Peruse through carefully to ascertain who the blackmailer is. Even when I resigned my appointment, I shielded Ochendo from PUO’s blackmail. He has succeeded in using me to gain employment ma na onweghi ihe aghutara n’eze n’eju afo.
Join me tomorrow.

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You Have Incompetent CPS Sir.”- By Obinna Don Norman

Last week Friday, some contracted E-urchins threw caution to the wind and advertently invaded the social media to throw brickbats at the Abia State Chief Press Secretary, (CPS) Mr Onyebuchi Ememanka. Amid the objurgations, they also promoted his predecessor, Mr Enyinnaya Apollos the best CPS, Abia State ever had.

My hunch that it was a sponsored mischievousness against Ememanka by an interested individual was confirmed when a blog, Igbowatch.com published the vituperation under a sensational headline – How Abia CPS Overruled Gov. Ikpeazu Over Lockdown Relaxation -.

Of course, I know the financier of the said blog. This knowledge, therefore, prompted my short post on Facebook yesterday – Onyebuchi Ememanka is a G-wagon compare to Enyinnaya Apollos, Keke Napep. Only Indian Hemp would elicit such comparison. Ndi Apari -.

Aside from one of his E-rats who put up a weak objection on my page, a particular Facebook user (not on my list) however, addressed me pejoratively (inbox) for asserting that Apollos was the most incompetent CPS we ever had. He called me a blackmailer who is jealous of his achievements and challenged me to prove with facts my assertion or forever remain silent.

I laughed because I know that his overzealousness had set Enyinnaya Apollos up. So, let me quickly prove my assertion with this shocking story that most of us never heard nor read anywhere before.

Before the 2019 gubernatorial election, Governor Ikpeazu invited journalists for a chat. He was not happy that the pen gurus only focused their attentions on projects not delivered while underreporting the ones executed.
The deputy governor, Mr Udo Oko, Commissioner for Information, Mr Okiyi Kalu and other state dignitaries were all in attendant. The governor wanted to know their reason for the “bias” reporting. Then came the shocker.

The oldest journalist in Abia State, Mr Akwarandu raised his hands, and the curious governor granted him an audience. Then the bubble burst. “You have an incompetent CPS sir.” There was pin-drop silence in the hall, but the veteran continued, “He is the reason for the negative press against you.” “There’s no way you will make headway in the media with him as your CPS,” he concluded.

To cut the entire drama short, the governor concealed his disappointment but promised to act accordingly. I guess his findings led to his (Apollos) replacement immediately after his victory. One of the journalists who were present forwarded the story to us for publication on The Realm News, but I declined using it to avoid the notion that I was after his job.

If that was not enough proof of Apollos’s incompetence, then the letter of condolence written on the governor’s letterhead, to Mr Nnamdi Kalu’s family over his purported death is another proof. No doubt that the production of the letter was an exercise in damage limitation, but the former CPS left traces behind. The gaffe even messed up the already damaged situation the more.

How do I mean? We saw the letter first on Apollos’s Facebook page. I challenge him to tell us who or how he got the condolence letter. If he could not provide the source of the condolence letter, then, he concocted it. What does he stand to gain (producing and circulating the letter) since he is no longer the CPS?

His penchant for disinformation was one of the reasons I started the monthly publication of our State/LGAs FAAC allocations. He made a post on his Facebook page asserting that Abia got N1.4b as FAAC for that month. I punctured the information with the publication of our FAAC allocation for that month which was about N4.3b. His response to my post was unfriending me. I realised after his name propped up on my page as someone I may know.
His press releases made a mockery of the office of the governor. Little wonder individuals like Ikechukwu Iroha and Newman Ubani took up the responsibility until his fraternity with JOK. Those conversant with JOK’s writing style knew that he wrote the press releases with Apollos’s John Hancock.

Ememanka is a lawyer, but his performance in the few months of his appointment has dwarfed that of the soi-disant media man in three years. Aside from keeping us abreast of the governor’s activities, his press releases are befitting of the office of the governor.

The subtle clamour for Apollos’s return by sponsored E-rats is a time bomb that will blow into pieces the vestiges of Ikpeazu’s image. A man cannot give what he does not have or eat his cake and have it. If a man’s salary isn’t sufficient for him, overtime certainly will not be.

Let’s judge Ememanka on performance, not sentiment. It is not my opinion but that of the majority of Abians that Ememanka is a G-wagon compare to Apollos, Keke NAPEP. Only Indian Hemp induced mind would think otherwise.

Let me stop here for now and believe that Apollos’s E-rats do not stoke the fire.

NO HOPE FOR ABIA WORKERS AND PENSIONERS AS THEY CELEBRATE WORKER’S DAY.: By Ihedigbo Mbaukwu

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I read the May 1 message from the governor of Abia state through his CPS,Barr Ememanka .

It is quiet disheartening that from the message ,the sufferings of Abia workers and pensioners are not ending any time soon .

It is on record that since Okezie ‘s administration ,Abia worker’s and pensioner’s welfare have never been given any top priority. The governor has no interest of Abia workers and dying pensioners at heart .

It is only in Abia state that the welfare of workers and pensioners are used for political jamboree.

Permit me to paraphrase the governor ” I will ensure I maintain the monthly payment of your salaries .This simply means that the governor will never pay them all their entitlements before vacating office .It also implies that the governor cannot completely solve the problem of salary and pension payment before leaving office .

Pensioners in the state are owed about 24 months ,secondary school teachers are owed about 12 months ,HMB are owed about 10 months .So if the governor should maintain his regular monthly payments ,the governor is simply saying he cannot solve that problem he met rather he quadruple them.

You all will bear me witness that I have been in the forefront admonishing the governor to reduce cost of governance and pay his bills but he choose politics ahead of workers welfare and today ,the state is almost insolvent,acutely and dangerously broke because of cost of governance.

We will never allow the governor to use COVID 19 pandemic as a reason for not meeting up with salary and pension payments as they are now ready to front it as an excuse going forward .

The governor in his quest to remain in power in his first tenure abandoned worker’s welfare and appointed hundreds of unproductive aides and as unproductive they are ,they consumed the state’s resources and left the productive ones in deep pains and agony

Now for 5 good years ,mention just one problem Ikpeazu met on ground that he has been able to solve permanently?

I sympathize with Abia workers today and my prayer is that one day the good Lord will provide a leader that would have their interest and welfare at heart.

Happy workers day