*  Why Constituency Wants His Seat Declared Vacant



Senator representing Abia North Senatorial  District, Orji Uzor Kalu still remain in prison after a judgement from Federal High Court, Lagos, Tuesday ordered his release

The Nigerian Correctional Services, (NCS), last night revealled  that  only a valid court order can  effect his  release. NCS's  Public Relation Officer, (PRO) Augustine Njoku explained that  unless the court ruling is transmitted to the service, the former governor will remain in NCS custody.

Njoku said: “We cannot act on the basis of radio or television announcement on a Court order or ruling. The ruling will be communicated to us in form of warrant. This would be acknowledged and all other protocols and procedures would be followed.

“As things stand now, we are yet to be communicated. And unless this is done, he will remain with us"


Justice Mohammed Liman, who ordered  Kalu’s release, set aside the fraud trial, conviction and 12-year prison sentence imposed on Kalu,  last December 5 by Justice Mohammed Idris.

He also quashed the conviction of Kalu’s firm, Slok Nigeria Ltd.
Justice Idris had ordered the winding up of Slok Nigeria Ltd and ordered that its assets be forfeited to the Federal Government.

Kalu was found guilty of looting N7.65 billion belonging to Abia State, and his  conviction  was alongside Slok and a former Director of Finance and Accounts at the Abia State Government House, Ude Jones Udeogu. Their joint trial lasted for a cumulative 12 years at two separate Federal High Courts

But, on May 8, 2020, the Supreme Court nullified Udeogu’s trial and conviction on the ground that the judge who handled the case, Justice Mohammed Idris, had no jurisdiction to do so.

The apex court allowed Udeogu’s appeal which contended that Idris, having been elevated to the Court of Appeal, had ceased to be a judge of the Federal High Court, at the time he passed judgment on Udeogu and Kalu.


The justices ordered Udeogu’s release and retrial.

Seeking to benefit from the highest court’s decision, Kalu filed an application contending that he was also entitled to be released.

The lawmaker’s counsel, Chief Lateef Fagbemi (SAN), prayed Justice Mohammed Liman to order the senator’s release based on the Supreme Court’s pronouncement in Udeogu’s appeal.

Fagbemi said: “Our application is brought pursuant to Section 159 of the Administration of Criminal Justice Act.

“This is fallout of the Supreme Court decision delivered on the 8th of May.”
Although Economic and Financial Crimes Commission (EFCC) counsel, Mr. Rotimi Jacobs (SAN), did not, “in principle” oppose Fagbemi’s application, he made a prayer of his own.

Fagbemi said: “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.”

Ruling, Justice Liman granted Kalu’s application as prayed, saying it had merit
He directed that steps should be taken for the commencement of trial afresh

Nonetheless, despite thge court ruling, protesters under the aegis of Concerned Citizens of Abia North, Abia State Tuesday stormed the National Assembly, calling on the President of the Senate, Senator Ahmad Lawan, to as a matter of urgency, declare Kalu's seat vacant

According to the group, declaring the seat vacant  would enable the Independent National Electoral Commission, INEC to conduct a fresh election to elect a Senator who will represent Abia North Senatorial District in the Senate.

The protesters carried placards with inscription as follows: ” Senate President obey section 68(1)(f) of the Constitution and declare Abia North Senatorial seat vacant; ” Our voice must be heard, declare Abia North Seat Vacant now”; ” Declare Abia North Seat in the Senate Vacant”; ” Abia North Constituents are saying declare the Seat Vacant.”

Reading a prepared letter on behalf of the group, Chukwudi Chukwu said, “We are indigenes of the five (5) Local Government Areas: Arochukwu, Bende, Isuikwuato, Ohafia and Umunneochi that make up the Abia North Senatorial District of Abia State.

“We formally notify Your Excellency of the absence of our Senator Dr. Orji Uzor Kalu, from the senate following his  conviction and incarceration  leading to his long absence from the National Assembly. And this has effectively silenced our voices. Abia North constituents have no representation in the Nation’s highest deliberative body and cannot participate in matters that affect them.

“Citizens in Abia North Senatorial District have every cause to feel abandoned, angry, less optimistic about their future because they have no representation in the senate. Democracy thrives and is significantly enriched when citizens participate in the process, and can speak through their elected representative
Denying citizens the right to be represented inspires disaffection and provokes contempt for both the Legislative body and the democratic process.

More fundamentally, it does grave violence to the democratic imperatives of representation.

“Your Excellency, we are law-abiding citizens and have confidence in both the democratic process and your ability to assuage our concerns and repair this anomaly. We are deeply and fervently committed to the democratic process and respectfully urge you to restore our voice in the legislative process muted by the incarceration of our Senator.

“We, therefore, pray you to use your good offices and declare the Abia North Senate seat vacant to enable INEC to conduct a fresh election to elect a senator who will represent us at the senate. Your Excellency, declaring a vacancy in Abia North Senatorial District will repair the monumental injustice done to us and encourage hope in our senatorial district.

“We deserve to have an active voice to speak for us in the senate as we have previously had, more so now that the deadly Covid-19 Pandemic is ravaging countries and across the land; non-selective. Again, our Senatorial District is grossly prone to ecological disasters, especially erosion and landslide.

We are regrettably backward and disadvantaged, and in dire need of Federal Government Presence; to be canvassed through our senate representative, akin to the other districts of the state and federation.
“We pray our demand meets your kind consideration and good conscience.”