A seven man panel of the Justices of the Supreme court has revoked the judgment that convicted Ude Udeogu and Senator Orji Uzor Kalu and ordered the chief Judge of the Federal high to reassign the case for a fresh trial.
Justice Mohammed idris of the Federal high court Lagos had sentenced Ude Udeogu and Senator Oriji Uzor kalu to 10 and 12 years imprisonment.
Justice Ejembi Ekwo who read the lead judgment held that Justice Mohammed Idris having been elevated to a Justice of the Court of Appeal lacks the jurisdiction to continue with the trial.
“The president of the court of Appeal has no powers to issue a fait, asking the Justic 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”.