September 29, (THEWILL) – The Abuja Federal High Court has prohibited the Economic and Financial Crimes Commission (EFCC) from retrying a former Abia state governor, Orji Uzor Kalu.
Justice Inyang Ekwo gave the order in a judgment on an application filed by the former governor seeking a court order prohibiting the EFCC from retrying him on a charge for which he had already been tried and convicted.
The court had on July 2 adjourned to pass judgement on the suit.
The presiding judge, Inyang Ekwo, adjourned the case after the former governor’s counsel, Awa Kalu (SAN), the EFCC and two other respondents argued their cases.
THEWILL recalls that the former governor, facing trial since 2007, was convicted and sentenced to 12 years in prison for fraud, among other financial crimes.
But after about five months in prison, the Supreme Court quashed his conviction on jurisdictional grounds.
The apex court subsequently reassigned the trial back to the Chief Judge of the Federal High Court.
But Kalu had filed a suit asking Justice Ekwo to make an order “prohibiting the federal government, 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.”
He contended that having been tried once by EFCC, convicted and sentenced in the same charge, FHC/ABJ/CR/56/ 2007, it would amount to double jeopardy for him to be subjected to a fresh trial on the same charge.
Justice Ekwo upheld the prayers of the former governor.
The court ruled: “An order is hereby made prohibiting the Federal p through the EFCC from retrying the applicant (Kalu) on charge no. FHC/ABJ/CR/56/2007, since there was no order in the judgment of the Supreme Court for the retrial of Kalu”.
Commenting on the ruling, the EFCC counsel said they will most likely appeal the judgement.
