Categories: NewsNigeria News

Court Bars FG From Retrying Orji Kalu Over Alleged N7.1bn Fraud

The Federal High Court in Abuja has barred the Federal Government from retrying the former Governor of Abia State, Orji Uzor Kalu, on the N7.1billion money laundering charge the Economic and Financial Crimes Commission (EFCC) earlier preferred against him.

In a judgement delivered by Justice Inyang Ekwo, the court held that the Supreme Court did not in the verdict it gave on May 8, 2020, order the retrial of either Kalu or his firm, Slok Nigeria Limited.

Justice Ekwo held that the Supreme Court only ordered the retrial of former Director of Finance in Abia State, Jones Udeogu, who was the appellant before it.

Consequently, Justice Ekwo upheld a suit that Kalu filed to challenge the legal propriety of his planned re-arraignment by the EFCC.

In the application filed through his lawyers led by Senior Advocate of Nigeria, Mr Awa Kalu, the former governor argued that allowing the EFCC to try him afresh on the charge and same facts upon which he was earlier convicted and sentenced on December 5, 2019, would occasion him to suffer a “double jeopardy”.

He said, “The unassailable position of the law is that no person who shows that he has been tried by any court of competent jurisdiction or tribunal for a criminal offence and either convicted or acquitted shall again be tried for that offence having the same ingredients as that offence, save upon the order or a competent Court.”

Giving reasons why his trial should not commence de-novo (afresh), Kalu, said he was convicted and sentenced by Justice Mohammed Idris of the Federal High Court in Lagos with respect to the charge against him.

Justice Idris had sentenced Kalu to 12 years imprisonment in his judgement delivered on December 5, 2019.

However, the Supreme Court nullified the judgement in May 2020 following an appeal by Kalu.

In a unanimous verdict on the appeal delivered by Justice Ejembi Eko, the Supreme Court declared the conviction null and void.

Justice Eko explained that the declaration was on the ground that Justice Mohammed Idris was already a Justice of the Court of Appeal at the time he delivered the judgement.

He held that a Justice of the Court of Appeal cannot operate as a judge of the Federal High Court.

Kalu, who was governor of Abia State from 1999 to 2007, is currently the Chief Whip of the Senate.

Angela Davies

Recent Posts

Zenith Tech Fair 4.0 Concludes With Hackathon Winners Receiving N77.5M In Cash Prizes

Zenith Tech Fair 4.0 has concluded, with hackathon winners receiving N77.5M in cash prizes.   Glamtush…

1 hour ago

PHOTOS: Davido Receives Luxury Car From Auto Firm For 32nd Birthday

Davido has received a luxury car from an auto firm for his 32nd birthday.  …

21 hours ago

VIDEO: How Primate Ayodele Foretold Simon Ekpa’s Arrest In 2023

Simon Ekpa, a Finnish-Nigerian separatist agitator and self-proclaimed Prime Minister of the Biafra Republic Government…

21 hours ago

Speaker Obasa Clarifies Negative Perceptions As Sanwo-Olu Presents 2025 Budget

Accuses detractors of peddling news of alleged governorship ambition.   Speaker of the Lagos State…

22 hours ago

Simon Ekpa, Four Others Arrested In Finland Over Terrorism Activities

Simon Ekpa and four others have been arrested in Finland over terrorism activities.   Glamtush…

1 day ago

Davido Celebrates 32nd Birthday With ₦300m Donation To Orphanages

Davido is excited to celebrate his 32nd birthday with a ₦300m donation to orphanages.  …

1 day ago