The Labour Party Senatorial Candidate for Abia North in the 2023 election, Nnamdi Iro Oji 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 Oji 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
