Says judgment will affect more cases
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An eminent human rights lawyer, Ebun-Olu Adegboruwa, SAN, has reacted to the Supreme Court judgment delivered on 8th May, 2020 which set aside the conviction of Orji Kalu, the former governor of Abia State.
In a statement made available to TheNigeriaLawyer (TNL), the learned silk advises that trial courts should exercise caution by waiting for the outcome of a pending appeal.
“1. When very serious constitutional issues are raised in a matter, it may be good for the trial court to exercise some reasonable caution to await the outcome of the appeal, so long as the appellant is not by that means seeking to prolong the case.” the learned silk said
Adegboruwa, SAN, further advised that:
“2. It is good to fast track the hearing of cases involving serious constitutional matters, so that applications for stay in criminal matters will no longer be a headache for the prosecution.
“3. There has to be a reasonable balance, between the right to fair hearing of a defendant, in respect of very serious appeals, and the power of the prosecution to have the cause heard expeditiously.”
According to Adegboruwa, SAN, abolishing “stay of proceedings via legislation and taking away the discretion of the court and the right to fair hearing of a defendant, will keep working injustice for very serious cases. There are several cases to be affected by this judgment now. You can imagine the time, money and energy spent in this case. It is the same government that is prohibiting stay of proceedings that will have to conduct the trial de novo, giving lawyers on both sides so much job to do.”
He expressed satisfaction with the expeditious hearing and determination of Orji Kalu’s appeal since the decision will affect many pending cases
“The accelerated hearing of the appeal is commendable, given that many cases are to be affected thereby.
“6. When lawyers agree to hear a case expeditiously, Justice will be granted by the court in the manner that society desires.”
He commended the counsel in the matter. They are Chiefs Awa Kalu, SAN, Mike Ozekhome, SAN for the defence and Mr Rotimi Jacobs, SAN for the prosecution.
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