A foremost human rights activist, Femi Falana SAN, has accused the members of the ruling class of repealed a section of the ACJA just for their interests.
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He made this remark while reacting to the Judgment of the Supreme Court in the case of Orji Uzo Kalu.
Falana recalled that the Section 396(7) of ACJA was introduced to stop rampant instances where criminal cases involving high profile personalities were stalled for a long period as a result of the elevation of the trial judge to a higher court.
He also made reference on how the trial of a former Managing Director of the defunct Intercontinental Bank, Erastus Akingbola, which had been fixed for final arguments, was made to start afresh, because the then trial judge, Justice Habeeb Abiru, was elevated to the Court of Appeal bench.
He said, “The same members of the ruling class have now got the Section of ACJA annulled. Head or tail, the members of the ruling class win, and it is the system that suffers.
“The Nigerian legal system has demonstrated its capacity to function effectively and serve the interests of the pampered members of the ruling class.
“A couple of months ago, ex-Emir Lamido Sanusi’s ex parte application to secure his personal liberty from illegal banishment was assigned, heard and granted the day it was filed at the registry of the federal court. On that same day, the certified true copy of the court order was obtained, served and obeyed by the detaining authorities.”
Falana noted that Kalu’s appeal against his conviction and sentence was pending at the Court of Appeal while the proceedings at the trial court were quashed on the basis of the appeal filed by his co-defendant, Jones Udeogu.
He added, “Notwithstanding the order of the Supreme Court that the trial is commenced de novo (afresh), the case will not be concluded soon.
“Once again, the trial will have to go back to the Supreme Court!”
TheNigeriaLawyer recalls that the Supreme Court nullified the judgment which convicted the former Governor of Abia State, Orji Uzor Kalu.
A seven-man panel of the apex court also set aside the judgment which convicted Ude Udeogu, a former Director of Finance and Account at the Abia State Government House.
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