Justice Mohammed Liman of the Lagos Division of the Federal High Court on Tuesday ordered the immediate release of Orji Kalu, a former governor of Abia State, from the custody of the Nigerian Correctional Service.
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.
In his ruling, Mr Liman set aside the trial, conviction and prison sentence on Mr Kalu, while he also squashed Justice Mohammed Idris’ verdict on Slok Nigeria Limited.
Mr Idris had ordered the winding up of Slok Nigeria Limited and ordered that its assets be forfeited to the federal government.
Justice Liman also applauded the EFCC prosecutor for his practical approach to the case by choosing not to oppose the application, thereby saving the court time and the rigour of going to trial.
