Justice Inyang Ekwo of a Federal High Court, Abuja, on Wednesday, ordered the Federal Government and its agency, the Economic and Financial Crimes Commission (EFCC) not to retry the former governor of Abia State, Orji Uzor Kalu. on the N1.7 billion fraud case, he was earlier convicted by a Federal High Court in Lagos.
The Judge made the order while delivering judgment on the application filed by Kalu seeking to stop his retrial on the grounds that it would amount to double jeopardy if he faces the same trial again after he was tried, convicted, sentenced and had served a jail term.
Justice Ekwo held that there was no extant order that directed for retrial of the former governor, saying that the judgment of the Supreme Court did not say the former governor should be retried.
But, the Court ordered for the retrial of former Commissioner of Finance, when Kalu was Abia state governor, Jones Udeogu, who was convicted along with Kalu on the same charge and same offence.
The court then, slated January 11, next year to commence Udeogu’s retrial in the N7.1 billion fraud.
The former governor, who is now a senator representing Abia North Senatorial district in the Senate had approached the court with a suit seeking to stop his retrial on money laundering on the ground that he had been tried, convicted and imprisoned.
Kalu’s counsel, Prof. Awa Kalu (SAN), while adopting his processes, stated that Kalu stood for trial for 12 years and got a conviction and was jailed for 10 years.
He cited section 36 (9) of the 1999 constitution, which stipulates that no Nigerian shall be subjected to double jeopardy.
Awa Kalu insisted that the former governor, having served a period of his jail term would be subjected to double jeopardy if allowed by the court to be put on trial for the second time.
He produced and read the Supreme Court judgment upon which the ex-governor was released after five months in prison, adding that there was nowhere in the judgment the apex court made an order for his client’s retrial.
However, in vehement opposition to the suit, EFCC through its counsel, Rotimi Jacobs (SAN) asked the court to dismiss the suit.
Jacobs described Kalu’s suit as approbating and reprobating at the same time, frivolous and irritating and called for its dismissal with an order that Kalu should face a retrial.
EFCC had, in 2007, preferred a 36-count charge against Udeogu and Kalu. While the former governor bagged 12 years imprisonment in December 2019, Udeogu was sentenced to 10 years in prison on December 5, 2019.
However, the Supreme Court, on May 8, 2020, voided the trial after an appeal filed by Kalu’s co-defendant.
The Supreme Court nullified the trial on the grounds that Mohammed Idris, the trial judge, had no jurisdiction to hear the matter after he was elevated to the Court of Appeal.
Meanwhile, Oluwalekan Atolagbe, who represented the EFCC at yesterday’s proceedings told newsmen that the anti-graft agency will study the judgment with a view to challenging it at the Court of Appeal.
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