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ORJI KALU: Here are options still available to him despite conviction

Orji Uzo Kalu has a right of appeal to the Court of Appeal and will most likely exercise that option...


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Senator Orji Uzor Kalu

There are two options available to Dr Orji Uzo Kalu following his conviction by Hon. Justice Mohamed Idris of the Federal High Court, Lagos.

The options are: 

1. To go to prison without putting up a further fight - this option is very highly improbable. 

2. To put up more fight by taking his case to the Court of Appeal - this option is highly probable. By section 240 of the 1999 Constitution of the Federal Republic of Nigeria as amended, the Court of Appeal is imbued with the jurisdiction to hear appeals from the decisions of the Federal High Courts, State High Courts, Court Martials, Customary Court of Appeals, Sharia Courts of Appeal, National Industrial Courts,  High Court of the Federal Capital Territory, Customary Court of Appeal of the Federal Capital Territory, Sharia Court of Appeal of the Federal Capital Territory, etc. 

Also, read Court sentences Orji Uzor Kalu to 12 years in prison

Particularly, section 241 (1) of the same Constitution provides that appeals from the judgment of a High Court (whether Federal or State) shall go to the Court of Appeal as of right against the judgement of such a high Court in civil or criminal proceedings sitting at first instance. 

From the foregoing, Orji Uzo Kalu has a right of appeal to the Court of Appeal and will most likely exercise that option as failure to do so would forthwith land him into the alternate option which is 12years imprisonment.

Supposing he elects to appeal, it is expected that for him to continue to enjoy his freedom pending the determination of the appeal, he would file a motion for a stay of the judgment of the Federal High Court pending appeal as appeal ipso facto does not serve as a stay.

Finally, if Orji Uzo Kalu would serve his prison terms, it shall come at unsuccessful exhaustion of all his rights of appeal.

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