By Mathew Dadiya
The Labour Party Senatorial Candidate for Abia North in the 2023 election, Nnamdi Iro Orji has prayed the Appeal Court to disqualify Senator Orji Uzor Kalu having admitted before the Federal High Court that he was convicted of fraud.
In the appeal lodged by his lead counsel, Bert C. Iqwilo, SAN, from the chamber of Anaga Kalu Anaga & Associates against Orji Kalu, a copy of which was obtained by this paper, Nnamdi Iro Orji premised his appeal on three grounds wherein he prayed the Appellate court to resolve them in his favour.
He argued that Orji Uzor Kalu’s admission before the Federal High Court sitting in Abuja that he should not be retried since he had been convicted of corruption was enough ground for his disqualification. He also added that the election was not conducted based on the Electoral Act 2022 and non-conduct of elections in some polling units.
In his pleading, he further argued that the Tribunal was wrong to have permitted Kalu to approbate and reprobate on the issue of his conviction and subsisting sentence.
The appellant stated that Section 66 (1) (d) of the 1999 Constitution (as amended) provides that; 66(1): No person shall be qualified for election to the Senate or the House of Representatives if:… (b)… (c) …Within a period of less than ten years before the date of an election to a legislative house, Kalu having been convicted for an offence involving dishonesty “was found guilty of a contravention of the code of conduct.”
The appellants held that Kalu was at the time of the election not qualified to contest the election.
According to him, Kalu’s conviction by the Federal High Court “for the offence of fraud (which is an offence that involves dishonesty) on the 5th day of December, 2019, at the conclusion of the trial of the 1st Respondent in Charge No. FHC/ABJ/CR/56/07, Federal Republic of Nigeria v. Orji Uzor Kalu & 2 ors” was “less than ten (10) years from the date of conviction.
“It was admitted on his behalf that he had earlier been convicted for the offence of fraud by the Federal High Court,” in that suit.
“The Federal High Court in the said Suit No.: FHC/ABJ/CS/73/2021 upheld the argument” of Kalu “that he had been convicted on the 5th day of December, 2019 in the said Charge No. FHC/ABJ/CR/56/07 and therefore, prohibited any fresh arraignment in respect of the same offence in Charge No. FHC/ABJ/CR/56/07,” he added.
He stressed that Kaku did not appeal the said judgment, rather, “it was one of his co-accused, a certain Jones Udeogu who appealed the conviction to the Supreme Court, whereat, the said Jones Udeogu secured a decision for the conviction to be set aside.”
It’s his contention that the effect of the decision in Ude Jones Udeogu V. Federal Republic of Nigeria – (2022) 3 NWLR (Part 1816) 41, in relation to Kalu, that the Judgment was expressly made to apply specifically to the Appellant, Jones Udeogu; the Judgment specifically ordered that Jones Udeogu should be tried afresh before a different judge and that the Judgment and Orders of the Supreme Court made no mention of Kalu.
He submitted that Kalu for all intents and purposes “remained a convict as at the time of the election” based on the decision of the apex court.
The appellants further argued that the tribunal erred to have ignored available evidence that “the Election was invalid by reason of corrupt practices or non-compliance with the provisions of the Electoral Act, 2022,” despite sufficient proof.
In the pleading of the appellants, the “election was not conducted in some wards and polling units,” noting in his averment that the conduct of an election rests under the Electoral Act, 2022, which include the report of accreditation with the BVAS machine as retrieved from the BVAS machines and the Voters’ Register.
“Without the record of accreditation by BVAS and the Voters Register there is no election. These are basic provisions of the Electoral Act, 2022 and the Regulations made by INEC,” he stated.
He urged the appellate court to resolve the issue in his favour.
The Independent National Electoral Commission, INEC, had announced Kalu the winner of the election with
30,805 votes with Nnamdi Iroh announced to have secured 27,540 votes in February 25, 2023 general elections.