A seven-man panel of the Justices of the Supreme court has nullified the judgment that convicted Ude Udeogu and Senator Orji Uzor Kalu, the former governor of Abia state.
The Supreme court thereafter ordered the chief Judge of the Federal high to reassign the case for a fresh trial.
The S’Court set aside the judgment delivered by Justice Mohammed Idris of the Federal high court, Lagos which sentenced Ude Udeogu and Senator Orji Uzor kalu to 10 and 12 years imprisonment respectively.
Justice Ejembi Ekwo who read the lead judgment held that justice Mohammed Idris having been elevated to a Justice of the Court of Appeal lacked the jurisdiction to continue with the trial.
Justice Ekwo said President of the Court of Appeal has no powers to issue a decree, asking Justice Idris to go back to trial court to conclude the trial.
“There is no provisions in the constitution that allows for a hybrid Judge.
“Section 396 of the ACJA is inconsistent with the provisions of the constitution,” Justice Ejembi Ekwo ruled.