Orji Kalu: Why The EFCC Must Apologise To The Supreme Court

Posted by Kehinde Nubi | 9 May 2020 | 823 times

Supreme Court of Nigereia

By Kehinde Nubi

The EFCC as an organisation must tender an unqualified apology to the Supreme Court of Nigeria on two grounds.

  1. Blackmail of the Supreme Court.
  2. Usurpation of the function of the Judiciary.

Saying that "The attention of the....EFCC, HAS BEEN DRAWN to the judgment of the Supreme Court nullifying the trial of a former governor of Abia State, Orji Kalu..." is sheer blackmail. Are they saying that they were not notified of the impending judgement? This implies that the judgement was procured behind its back!

Unless this was so, it is "quite unfortunate"!


It is also "quite unfortunate" that the EFCC had the audacity to declare an unanimous judgement of Seven JUSTICES of the Supreme Court of Nigeria, that was predicated on constitutionalism as "quite unfortunate"! What more, the EFCC overeached itself by declaring the judgement "a technical ambush against the trial of the former governor".

How could it be so described? Would this be the first time the Supreme Court will decide such cases that way? The answer is of course "no", as there are precedents. In Ogbuanyinya & 5 Ors v. Obi Okudo & 3 Ors (1979), the apex court, on the grounds that the trial judge, Nnaemeka-Agu, lost his jurisdiction to continue with the case with his elevation to the court of appeal, nullified the judgement.

The supreme court had also voided the judgment delivered by Justice Anthony Iguh in another case because the trial judge had been elevated directly to the Supreme Court, thereby losing jurisdiction over the case.

This same Supreme Court judgement that is "quite unfortunate" in the opinion of the EFCC, invalidated section 396(7) of the ACJA (2015), and declared that the trial court had no jurisdiction. The knocking down of that section that constituted an affront to the Constitution has put an end to that faux pas.

Since when has it become the job of the EFCC to interprete laws?

It is downright disrespectful and unbelievable that such statement emanated from an executive organ! It is even more shocking considering that the Supreme Court DID NOT acquit Orji Uzor Kalu of the charges, and indeed, ordered a fresh trial.

If the EFCC does not apologise, it means that it is his master's voice. It's master had never pretended to be ready to respect the judiciary.

  • Nubi, a public affairs analyst wrote in from Lagos


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