By Vivian Okejeme, Abuja
Global Centre for Conscious Living Against Corruption, has expressed dissatisfaction over recent developments surrounding the N6.7 billion fraud case involving former Abia State governor, Orji Uzor Kalu, and Jones Udeogu.
The Right group held that the situation has exposed serious deficiencies in the criminal justice system of the nation.
The Director General of the group, Dr Gabriel Nwambu on a press statement released on April 19 informed that the utilization of technicalities and procedural loopholes to evade justice in the matter is deeply troubling and undermines the principles of accountability and fairness.
The convener recall that the Supreme Court, had on the 8th of May, 2020, nullified the conviction by Justice Mohammed Idris of the Federal High Court sitting in Lagos State, holding that the Constitution does not permit a judge elevated to a higher court to return to a lower court to conclude a part-heard case.
Justice Ejembi Eko, who delivered the lead judgment of the panel led by Justice Olabode Rhodes-Vivour (retd.), also declared as unconstitutional the provision of Section 396(7) of the Administration of Criminal Justice Act, 2015, which the then President of the Court of Appeal, Justice Zainab Bulkachuwa (retd), relied on to authorized Justice Idris to return from the Court of Appeal to the High Court to conclude the trial.
The decision by the Court of Appeal to dismiss the EFCC’s appeal based on insufficient records highlights how technicalities are being exploited to thwart the judicial process.
Instead of addressing the substantive issues of fraud and corruption, the focus has shifted to procedural irregularities, allowing the accused to evade accountability and delay justice for the people of Abia State.
The group insisted that Sen. Orji Uzor has been tried, found guilty by a court of competent jurisdiction and convicted accordingly, consistent with the extant laws as provided by the Constitution of Nigeria.
According to Nwambu, the interpretation of legal provisions, such as the constitutional limitations on judges returning to a lower court to conclude a part-heard case, has been used to create confusion and delay in the adjudication of this case.
He said that the insistence on strict compliance with procedural requirements, to the detriment of addressing the actual allegations of financial misconduct and massive fraud, is a disservice to the rule of law and the pursuit of justice.
“It is unacceptable that technicalities are being prioritized over the merits of the matter, especially in a case as serious as an alleged N7.6 billion fraud. The manipulation of legal loopholes to avoid facing the substantive allegations undermines the integrity of our criminal justice system and erodes public confidence in the ability of our institutions to hold the powerful accountable.”
Consequently, our coalition here by call on all stakeholders in the legal system to prioritize the fair and expeditious adjudication of cases involving financial crimes and corruption. The focus should be on addressing the substantive issues at hand and ensuring that justice is served without being derailed by technicalities and procedural obstacles.
The coalition thanks the President Bola Ahmed Tinubu, for his willingness and determination to combat the hydra- headed monster of corruption which has held the Nigerian nation on her knees for several decades.
The group informed that the pronouncement of the Attorney General of the Federation and Honourable Minister of Justice on the current case of the former Governor of Kogi State has shown Mr president’s determination to ensure that every alleged corrupt Nigerian citizen irrespective of creed, religion or office held is made to face the law is a clear testament to this fact
The group therefore informed that it is time to reaffirm our commitment to upholding the rule of law and ensuring that those accused of financial misconduct are held accountable, regardless of the legal maneuvers they may employ to evade justice.
