The motion on notice will be heard by Justice Mohammed Liman.
Kalu is currently serving a 12 years jail term at the Correctional Service Centre in Kuje, Abuja for allegedly looting N7.2 billion belonging to Abia State.
He was sentenced by Justice Mohammed Idris on Dec. 5, 2019 , to 12 years imprisonement while his co- defendant, Jonnes Udeogo had bagged a 10 years jail term.
Kalu had hired a 12 man team of lawyers, including six Senior Advocates of Nigeria (SAN)s, to prosecute his freedom bid.
He filed the motion on May 12 asking the court to nullify his conviction.
NAN reports that following Udeogu’s appeal, the Supreme Court had on May 8 held that the fiat issued to Justice Idris to conclude the trial of the defendants after he had been elevated to the Court of Appeal was “a nullity”.
The apex Court had consequently, set aside Idris’ verdict “as it relates to the appellant (Udeogu)”.
The court had ordered Udeogu’s freedom and the re-trial of his case.
In his new pending motion, Kalu is contending that no legal basis exists for his continued incarceration following the Supreme Court’s judgment which declared his trial a nullity and freed Udeogu.
The motion will be heard on June 2. (NAN)