News Analysis: Will Orji Kalu Resign From Senate?

A group, the Global Centre for Conscious Living Against Corruption, on Thursday called on the Senate Chief Whip, Orji Kalu, to resign from the upper chamber of the National Assembly.

The group hinged its call on the ethical dilemma of a convicted Kalu representing his Abia North constituency from prison.

A Federal High Court in Lagos presided over by Justice Muhammed Idris had in a December 5 judgment slammed a 12 -year jail term on the former governor of Abia State having found him guilty of a N7.6bn fraud allegation levelled against him by the Economic and Financial Crimes Commission.

The group said it was morally wrong for the senator who was handed a 12-year jail term recently to continue to represent his people from prison.

Leader of the group, Nwambu Gabriel, who addressed a press conference in Abuja said Kalu could not continue to represent the people of his constituency from prison, hence the need for him to resign.

“We wish to advise the convicted Chief Whip of the Senate to honorably resign his seat as Senator representing Abia North Senatorial District.

“It is morally wrong for him as a convict to still represent a people from jail.

“We agree that he has the right to appeal the ruling of the lower court, but we make bold to say here that morally, it is wrong for him to remain the representative of Abia North.

But it is unlikely that Kalu would give up his senate seat anytime soon if we go by precedence and the rule of law.

First, there is no law which says a senator or legislator convicted by a high court must lose their seat since it is not the highest court of the land.

So Kalu still has the right of appeal up to the Supreme Court if the Court of Appeal somehow upholds the judgment of the lower court.

Section 68 of the Nigerian Constitution says a member shall vacate his seat if he becomes a member of another party, ceases to be a citizen of Nigeria, gets another government appointment or absent without “just cause”.

The only option open to his constituency is to recall him, and the constitution has stated how this can be done.

Section 69 says a member of the Senate or House of Reps may be recalled if “ there is presented to the Chairman of the Independent National Electoral Commission a petition in that behalf signed by more than half of the persons registered to vote that member’s constituency alleging their loss of confidence in that member.”

The petition is thereafter approved by a simple majority of the votes of the persons registered to vote in the constituency during a referendum to be conducted by INEC.

Therefore, Kalu will continue to receive his salaries and all other entitlements while in prison, until he exhausts all his legal options.

The spokesperson of the Senate, Godiya Akwashiki, confirmed this recently when he said Kalu was still a sitting senator despite his conviction and would continue to be paid his entitlements.

“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.

“All his entitlements will be paid. There is no cause for alarm. In fact, even if 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,” he explained.

He explained to Premium times that there was no provision in the constitution that says the seat of any senator facing prosecution or convicted at a lower court should be declared vacant.

“Even the tenure of a former governor Joshua Dariye, who has been in prison for some time now, ran its course until the end of the 8th National Assembly. Nobody declared his seat vacant.”

For now, the option available to his people is to recall him, but the only precedent is the unsuccessful attempt to recall former Kogi senator Dino Melaye.