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Here are a few legal facts Nigerians
may need to know about the recent conviction of Senator orji Uzor Kalu:
*Kalu remains a serving Senator of the Federal Republic of
Nigeria even while serving the jail term unless:
(a) He is recalled by
his constituents.
(b) His seat declared
vacant by the Senate President if he is unable
to attend legislative
sittings to a certain period allowed by the constitution.
(c) he dies
while serving the sentence before his term in the senate is exhausted.
*He has a right of appeal up to the Supreme Court of Nigeria.
He cannot bring any application for stay of execution as Administration of
Criminal Justice Act has outlawed such measures, but he can bring application
for his bail pending the hearing of his appeal.
*This application is not granted as of right as applicable to
when he had not been convicted. For now he has lost the right of presumption of
innocence given to every accused person. The ground/s upon which his bail
application can be granted must be on exceptional grounds, part of which has to
do with serious health challenge/s that has grievous consequences if he is
allowed to remain in prison to pursue his appeal.
*Due to his legal right of appeal which will take him as far
as to Supreme Court, he is not in the eyes of the law yet as an Ex-convict
until the final pronouncement of the highest court in the land is made about
him on these offences he is alleged to have committed.
*If the Supreme Court finally pronounces him guilty as
charged(unless the case does not get up to that level) he will be disqualified
from contesting for any future political office until after 10 years after
serving.
*He will answer Senator Orji Uzor Kalu for life because
his election to the office of a Senator of the Federal Republic of Nigeria was
confirmed recently by the Court of Appeal on National Assembly and
Gubernatorial Election Matters.
*If he is finally confirmed guilty by the Supreme Court, he
can contest election in Nigeria for any position only after 10 years in
abeyance.
…Facts
supplied by MOU. Canadian Casino Guide
