Senator Kalu was convicted of N7.65billion fraud perpetuated when he was Abia State governor between 1999 and 2007. He was convicted alongside his firm, Slok Nigeria Limited and his former Abia State director of finance, Ude Udeogu.
However, the apex court in its judgment declared that the judgement delivered is set aside.
The apex court, in a unanimous verdict on the appeal delivered by Justice Ejembi Eko, declared that the conviction of the appellants was null and void.
The court ruled that Justice Mohammed Idris, who convicted Kalu, lacked the power to sentence the former governor.
Kalu had also argued same by challenging the jurisdiction of the Lagos Division of the Federal High Court chaired by Justice Idris to sentence him.
Kalu argued that the court of appeal Judge who delivered the judgement at the Federal High Court to convict him lacked the power to do so.
Despite the objections raised by Senator kalu’s counsels, the appeal court judge proceeded with the case at the high Court and sentenced Senator Kalu.
Justice Eko explained that the declaration 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 sentencing the appellants.
He held that a Justice of the Court of Appeal cannot operate as a judge of the Federal High Court.
The apex court, therefore, ordered the Chief Judge of the Federal High Court to reassign the case for trial.