On Thursday, the country was thrown into a frenzy mood when a Federal High Court sitting in Lagos sentenced a former governor, and now senator, Orji Kalu, to 12 years behind the bar in what seems like a dramatic ruling for N7.2 billion fraud and money laundering.
Orji Kalu served as the governor of Abia state from May 29, 1999, to May 29, 2007. He is currently a senator, representing Abia North Senatorial District in the 9th Assembly under the platform of APC
Mr Kalu who was charged alongside a former commissioner for Finance in the state, Jones Udeogu, and his company, Slok Nig Ltd, was convicted on all the 39 count charges levelled against him by the Economic and Financial Crimes Commission (EFCC).
While Kalu and his company was declared guilty of all the charges – the court ordered that the Slok Nig. Ltd. Should be wound up and its assets forfeited to the Federal Government, Udeogu was convicted on 34 counts and sentenced to 10 years imprisonment.
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However, new developments regarding his dramatic conviction revealed that the convicted Chief Whip of the Senate and former governor of Abia state will continue to receive his salaries and all other entitlements while in prison, according to the Senate, despite that he will not be performing any legislative duties from prison.
This is because the former governor has not explored all legal options or convicted by the Apex court, the supreme court of the country and a final judgement is yet to be pronounced. This implies that Mr Kalu, until then, will remain a serving senator due in part to the fact that no provision in the constitution says the seat of any senator facing prosecution or convicted at a lower court should be declared vacant.
“He is still a senator. This is the first court. The matter is going to Supreme Court so, he still has the opportunity to appeal up to the Supreme Court level.
“Of course they will pay him. Because he is a sitting senator just like I said…if you file for an appeal, you are still serving and so they will pay you.
“All his entitlements will be paid. There is no cause for alarm. In fact, even if the Court of Appeal says they have upheld the judgement of the lower court, he still has the right to go to Supreme Court. So once the Supreme Court says, yes, the judgement is okay, then that’s the final,” the image-maker of the Senate, Godiya Akwashiki, disclosed
Recall that the tenure of former governor Joshua Dariye who was convicted by Justice Adebukola Banjoko of an FCT High Court for embezzling N1.162bn ran its course until the end of the 8th National Assembly. Nobody declared his seat vacant.
He was earlier sentenced to 14 years in prison, but his sentence was reduced to 10 years by the Court of Appeal which upheld his conviction in April last year (2018).
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The former governor of Plateau state received his 750,000 salary and N13.5m monthly running cost from the National Assembly 11 months after being convicted.
In all, Dariye total earnings rose from N85.5m in November 2018 when he was convicted to N171.1m in May when the 8th Assembly ended her session. This is separated from the severance package he was supposed to receive as an outgoing member of the National Assembly. This is because his seat, like Senator Orji Kalu, was not declared empty by the leadership of the 8th Assembly.
According to Senator Shehu Sani in a shocking revelation last year, an average Nigerian Senator is entitled to monthly expenses of 13.5 million nairas (£27,000; $37, 500), in addition to a monthly salary of more than $2,000. By implications, should the seat of senator Orji Kalu not declared vacant, he will be entitled to not only his salary but also a monthly running cost paid with taxpayers money without him performing any of his legislative duties.
In respect to Mr Orji’s scenario, according to the constitution of the federal republic of Nigeria (1999 as amended) section 68, a member of the Senate shall vacate his seat in the House of which he is a member of the President of the Senate receives a certificate under the hand of the Chairman of the Independent National Electoral Commission stating that the said senator has been recalled by his constituency or at large, death.
That said, two salient issues are at stake. First, despite his conviction, Orji Kalu, as of today, is still a serving senator of the Federal Republic of Nigeria. He has not been recalled by his constituency.
Secondly, the electoral umpire – Independent National Electoral Commission (INEC) has not emptied his seat. As a result, the management of the National Assembly does not have the power to halt his salary and allowances unless stated by the Law. If he (Orji Kalu) explored all other legal options and the Supreme Court pronounced the earlier verdict of the Federal High Court in Lagos, he would not be entitled to the salary or allowances.
Without any of these, like senator Joshua Dariye, Orji Kalu will be entitled to his full salary and monthly running cost from the national coffer powered by taxpayers money