In an exclusive statement to Plus TV Africa, Barrister Monday Ubani has explained the legal tenets behind the controversial upturn of Orji Uzor Kalu’s sentence.
The barrister held the position that Hon Idris was no longer a judge of the Federal High Court when he pronounced the judgement of the Uzor Kalu’s case and as such violated Section 253 of the 1999 constitution. Read below
Section 253 of the 1999 Constitution as amended provides that “The Federal High Court shall be duly constituted if it consists of at least one Judge of that Court”
Please note the definition of the Section that confers jurisdiction to the Federal High Court. The judge must be “a judge of that court”.
Now analyse this section with respect to what happened during trial when Hon Justice Mohammed Idris of the Court of Appeal ” descended” upon a fiat granted by the President of the Court of Appeal in accordance with section 396 of ACJA which section runs contrary to the above provision of the constitution.
In Madukolu Vs Nkemdilim, one of the ways of determining jurisdiction of the court is amongs others on the issue of qualification and number of judges who sit on a case as prescribed by law, statues and/or the constitution.
Is Hon Idris qualified as a judge of the Federal High Court when he came back to conclude Orji’s trial? The answer is CAPITAL NO SIR. He was no longer a judge of that court as defined by Section 253 of the 1999 Constitution as amended.
In interpreting a law that its wordings is clear and unambiguous, it will be wrong not to give effect to the true and natural meaning of the wordings of the law and embark on a voyage of discovery as some of the learned minds are suggesting.
The wordings of the constitution are clear, straightforward and unambiguous. Since the section that gives the power to grant a fiat for the judge of a higher bench to descend to conclude a case at the lower bench does not meet up with the provision of the constitution that defines jurisdiction during proceedings, it is inconsistent with the provision of the grundnum(the constitution)and should and has to be declared null and void.
It is sad to know, but that is the law and no sentiment can change it unless we come down from the higher horse to amend the provision of that constitution to give life to that well intended provision of the Administration of Criminal Justice Act, 2015. Thanks.
Barr. Monday Ubani
The EFCC has however disclosed plans to ensure the case faces trial once more under the appropriate legal jurisdiction
