The Supreme Court has nullified the judgement of a Federal High Court, Lagos, which convicted a former Governor of Abia State, Orji Uzor Kalu and the then Director of Finance and Account in Abia State, Ude Udeogu for alleged fraud.
A seven-man panel of the apex court, gave the judgment on Friday, more than one year after the duo were convicted by Justice Mohammed Idris of the Federal High Court.
Kalu, who was a serving Senator, had been sentenced to 12 years imprisonment, while Udeogu bagged 10 years imprisonment in the judgement delivered on April 24, 2019.
Dissatisfied with the judgement, the duo had filed an appeal to challenge their sentencing at the Supreme Court.
A 7-man panel of the apex court, in a unanimous judgement delivered by Justice Ejembi Eko, held that the conviction of the appellants was null and void.
Justice Eko noted that the decision of the apex court was on the ground that Justice Mohammed Idris was already a Justice of the Court of Appeal, as at the time he delivered the judgment convicting the appellants.
Eko declared that a Justice of the Court of Appeal cannot operate as a judge of the Federal High Court.
The Supreme Court, therefore, ordered the Chief Judge of the Federal High Court to reassign the case for trial.