Udeogu had been
handed a 10 year jail sentence by a federal high court which also handed a 12
year jail sentence to Orji Uzor Kalu on December 5, 2019.
The apex court in
the judgment nullified Section 396(7) of the Administration of Criminal Justice
Act, 2015 which had enabled the then President of the Court of Appeal, Justice
Zainab Bulkachuwa (retd) to issue fiat to Justice Mohammed Idris, who was
elevated to the higher bench in June 2018 to return to the Federal High Court
to conclude the case.
A full panel of
seven justices of the Supreme Court headed by Justice Olabode Rhodes-Vivour in
nullifying Section 396(7) of ACJA, held that it was unconstitutional for a
judge to appear to be wearing the caps of two courts of different hierarchies
at the same time.
However reacting to
the Supreme Court's judgement in a statement released on Monday May 18, Sagay
who is also the Chairman of the Presidential Advisory Committee Against
Corruption (PACAC) said the decision “clearly led to injustice”. He averred
that justice was not done to the Nigerian society whose patrimony was looted to
the detriment of the welfare of the public.
Sagay insisted that
the nullified Section 396 (7) of the Administration of Criminal Justice Act
(ACJA) 2015 which allowed elevated judges to conclude cases, was a major relief
provided by the National Assembly against the stranglehold of public
corruption. He added that the ACJA provision is inconsistent with Section 253
of the 1999 Constitution, which provides that “the Federal High Court shall be
duly constituted, if it consists of, at least, one judge of that court”.
The eminent
professor said;
“There is absolutely
no reference in the constitution to the position of a promoted judge going back
to the High Court to complete a 90 per cent heard corruption case to enable
litigation to come to an end.
“The provision in
Section 253 is simply intended to establish that, unlike the Court of Appeal
and the Supreme Court, a High Court can be constituted by a single judge. No
more no less.
“How can the highest
court of the land spring out a technicality to inflict such a terrible wound on
our criminal justice system?
“Should the Supreme
Court not be using all its knowledge, power and authority to ensure that
looters of public funds are brought to justice?
“What message was
the court sending out to the Nigerian public and the world by employing a
technicality to save those convicted of financial crimes against the nation and
people of Nigeria?
“This decision is
contrary to the mission of the Supreme Court in Nigeria. It has clearly led to injustice.
“It flies in the
face of what the court stands for and is in direct conflict with the position
of the great Justices of this very Supreme Court in an era now nostalgically
referred to as the ‘Golden Age’ of the Supreme Court.
“At the high level
of the Supreme Court, against whose judgments there can be no appeal, it is
mandatory that the Justices must consider the consequences and impact of their
judgments, in order to avoid public injury, and sending the wrong message to
potential violators of critical social norms.
“It is alright for a
lawyer fresh from the Law School or a young, newly appointed judge to indulge
in 2 + 2 equals 4 types of judgment.
“As he gains
experience and progresses up the ladder of authority, he must add the norms and
values of society to his judgments.
“At that level, a
judgment must be based on justice, merit, not on technicalities.
“All the legal
justifications adduced for this shocking decision hold no water."
This is coming after
Orji Uzor Kalu hired a 12-man team of lawyers including six Senior Advocates of
Nigeria (SANs), to secure his release from prison.
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