Alleged N7.1bn fraud: Court gives ex-Gov Kalu nod to challenge re-trial
ANDREW OROLUA, ABUJA
Justice Inyang Ekwo of the Federal High Court in Abuja, on Monday, granted leave to Senator Orji Uzor Kalu, Abia North Senatorial District to challenge the legality of his retrial on N7.1Billion money laundering charge for which he was once convicted.
The leave followed an ex-parte application brought by Senator Kalu that was argued last week seeking permission of the Court to commence the action.
Recall that the prosecuting agency, the Economic and Financial Crimes Commission (EFCC), had last year filed a 12 count charge against Kalu, his firm Slok Nigeria Limited and a former director of finance in Abia State, Jones Udeogu for allegedly diverting the sum of N7.1bn from the state treasury to personal use.
Ruling on the ex-parte application, Justice Ekwo agreed with Kalu who is Senate Chief Whip that he has placed sufficient materials of value before the court to enable him secure permission of court for judicial review of his retrial on charges in which he had been tried, convicted and spent some months in Kuje prison in Abuja.
Justice Ekwo also granted Kalu permission to apply for order of perpetual injunction against the Federal Government through the EFCC to prohibit his retrial so as not to be made to suffer double jeopardy.
Consequently, the Judge gave Kalu seven days within which to file and serve on EFCC all processes he intends to use to challenge the legality of the trial.
The court adjourned to February 23, 2021 for mention of the suit.
Kalu is contending that having been tried once by EFCC, convicted and sentenced in the same charges FHC/ABJ/CR/56/ 2007, it will amount to double jeopardy for him if he is allowed to be subjected to a fresh trial on same charge.
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In the ex-parte motion moved before Justice Ekwo last Tuesday by his counsel, Profesor Awa Kalu (SAN), Senator Kalu pleaded with the court to rescue him from suffering double jeopardy
He further sought for an order of court prohibiting the Federal Republic of Nigeria, through the EFCC, its officers, servants, others, agents, privies and any other person or bodies deriving authority from the Federal Republic of Nigeria, from retrying him on charge No. FHC/ABJ/CR/56/2007 between FRN vs Orji Kalu & 2 ors or any other charge based on the same facts de novo, there being no extant judgment and ruling of a competent court in Nigeria mandating same.
The ex-governor also applied for order prohibiting the Federal Republic of Nigeria, through the EFCC (her agent), her officers, servants, others, agents, privies and any other person or bodies deriving authority from the Federal Republic of Nigeria, from retrying, harassing and intimidating him with respect to the charge as concerns charge No: FHC/ABJ/CR/56/2007 between FRN vs Orji Kalu & 2 ors or any other charge based on same facts as he need not suffer double jeopardy.
The court acceded to Kalu’s prayer that the suit should operate as a stay of proceedings until the determination of the application or until the Judge otherwise orders.
