The Federal High Court, Lagos has fixed June 2 to hear a motion on notice seeking the release from prison of Senate Chief Whip and former Abia State governor, Senator Orji Uzor Kalu.
The motion will be heard by Justice Mohammed Liman.
Kalu, who is currently in custody of the Correctional Service Centre in Kuje, Abuja, filed the suit after the Supreme Court nullified his conviction by Justice Muhammed Idris.
The Senate’s Chief Whip has hired 12 lawyers, including six Senior Advocates of Nigeria (SANs), to seek his freedom.
He filed the motion on May 12 asking the court to order his release since the Supreme Court had nullified his conviction on the grounds that Justice Idris had no jurisdiction to have delivered the judgment, having being promoted to the Court of Appeal.
Justice Idris of the Federal High Court, had last December 5, convicted Kalu and a former Director of Finance in the Abia State Government House, Ude Jones Udeogu of the offence bordering on alleged fraud .
Following Udeogu’s appeal, the Supreme Court on May 8 held that the fiat issued to Justice Idris to conclude the case after he had been elevated to the Court of Appeal was “a nullity”.
The highest court set aside Idris’ verdict. It ordered Udeogu’s freedom and the retrial of his case.
Since Kalu and Udeogu were tried and convicted together by Justice Idris, the senator is now contending that no legal basis exists for his continued incarceration since the Supreme Court had declared his conviction and sentencing a nullity.