Senator Orji Kalu’s Conviction: Is He Entitled To Salary And Allowances From Prison Or R Not? By O. G. Chukkol

Last week Thursday, a Federal High court in Lagos found Orji Kalu, the former Abia State Governor, guilty of fraud. The implication therefore is that he has ceased to be a senator by operation of section 68(1)(b) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) which provides as follows:

“68. (1) A member of the Senate… shall vacate his seat in the House… if-

“(b) any other circumstances arise that, if he were not a member of the Senate…, would cause him to be disqualified for election as a member;” (underlined for emphasis)

In Senator Kalu’s situation a circumstance has arisen which would have disqualified him from contesting election into the Senate in the first place. This is so because section 66(1)(c) of the same constitution provides that no person shall be qualified for election to the Senate if he is under a sentence of imprisonment or fine for an offence involving dishonesty or fraud (by whatever name called). Having ceased to be a Senator, there wouldn’t be basis for him to be paid any salary or allowance as a Senator.

Someone may ask, what if Senator Orji Kalu has filed an appeal against his conviction? Well, in such a circumstance he will remain a Senator during a period beginning from the date when such appeal is lodged and ending on the date when the appeal is finally determined or, as the case may be, the appeal lapses or is abandoned, whichever is earlier.  See section 66(2)(b) of  the constitution. In such a circumstance, he will be entitled to salary and allowances from prison.

Ordinarily, appeal against conviction is not an automatic suspension of the effect of conviction, an application has to be made for the judgement not to be executed. There are legion of decided cases on that including the cases of SPDC NIGERIA LIMITED v. AMADI & ORS. (2011) LPELR-3204 and JOSIAH CORNELIUS LTD V EZENWA (1996) 4 NWLR (Pt. 443) 391. But the situation under discourse appears to be an exception because the Supreme Law of the land provides in section 66(2)(b) that a Senator’s conviction should not terminate his membership of the House once he has lodged his appeal before an appellate court.

On the whole, Senator Orji Kalu’s entitlement to salary and allowances from prison would depend on whether he has appealed against his conviction or not

O. G. Chukkol is a final year student, Faculty of Law, ABU, Zaria and may be reached via oliverchukkol@gmail.com or 08032470318