Former governor of Abia State, Orji Kalu has regained his freedom following his release from the correctional centre on Wednesday.
Kalu was sentenced to 12 years imprisonment in December 2019, for stealing N7.2 billion belonging to Abia state government.
His co-defendant, Jones Udeogo was handed a 10-year jail term, by the trial judge, Justice Mohammed Idris.
However, the verdict was upturned by the Supreme Court which held that Justice Idris lacked the jurisdiction to try the matter having been promoted to the Court of Appeal as at the time of the trial.
The apex court therefore ordered a retrial.
On Tuesday, Justice Mohammed Liman of the Federal High Court sitting in Lagos, ordered the immediate release of Kalu from the custody of the Nigerian Correctional Service in compliance with the Supreme Court Judgment.
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The judge delivered his ruling following an application by Lateef Fagbemi, Mr. Kalu’s lawyer, seeking his release from custody.
“Our application is brought pursuant to Section 159 of the Administration of Criminal Justice Act,” Mr. Fagbemi, a senior advocate of Nigeria, said.
“This is a fallout of the Supreme Court decision delivered on the 8th of May.”
Responding, Rotimi Jacobs, the counsel to the Economic and Financial Crimes Commission, the prosecution, said the anti-graft agency would not oppose Mr. Fagbemi’s application “in principle.”
“But we are also urging the court that the order made by the Supreme Court for trial de novo should be complied with by all parties; so that Your Lordship will give us a date when arraignment will be done.
“We want the trial to go on, losing more time will be dangerous for us,” Mr. Jacobs, a senior advocate of Nigeria, added.
