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Court fixes Sept 20 to rule in suit by ex-Abia gov, Kalu, to stop retrial

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The Federal High Court in Abuja has fixed September 20 for the judgment in the suit by former governor of Abia State, Senator Orji Uzor Kalu, seeking to stop his retrial by the Economic and Financial Crimes Commission (EFCC) on alleged money laundering charges.

Ripples Nigeria reported that Kalu and his company, Slok, filed suits against the EFCC, seeking for the court to restrain the commission from a retrial in the alleged N7.1 billion fraud case against them.

While the EFCC preferred a 36-count charge against Kalu and Udeogu in 2007, Slok’s counsel, Marve Akpoyibo, in an exparte application on Monday, June 21, told Justice Inyang Ekwo that he had a motion seeking “an Order of Prohibition prohibiting retrying” Slok.

The company, which alleged that they were being embarrassed and harassed by EFCC, urged the court to stop the EFCC from a further retrial.

Subsequently, Justice Ekwo, on Friday, July 2, fixed the date for the judgement after counsel to Kalu, Prof. Awa Kalu, SAN, counsel to the EFCC, Rotimi Jacobs, SAN, George Ukaegbu for Udeh Jones (2nd respondent) and Chris Uche, SAN, for Slok Nigeria Ltd (3rd respondent), adopted their brief of argument in the matter.

In his adumbration, counsel to the former governor, Kalu noted that there was no dispute to the effect that the former governor stood trial for 12 years, was sentenced to 10 years, and spent over five months at the correctional center.

He cited Section 36 (9) of the 1999 constitution which stipulates that no Nigerian shall be subjected to double jeopardy.

Kalu argued that the former governor having served a period of jail term would be subjected to double jeopardy if allowed by the court to be put on trial for the second time.

Kalu produced and read the Supreme Court judgment upon which the former governor was released after five months in prison, citing that the judgment of the apex court did not order a retrial.

Meanwhile, counsel to the EFCC, Jacobs asked the court to dismiss the application, which he described as unusual and strange, describing Kalu’s suit as approbating and reprobating at the same time, frivolous, irritating and sought for its dismissal with an order that Kalu should be retried.

On his part, Ukaegbu, on behalf of the 2nd respondent, told the court to disregard EFCC’s submissions, noting that the only way the submissions of the EFCC will be valid would be if there was an order from a superior court for a re-trial.

READ ALSO: ICYMI… [LongRead] Orji Uzor Kalu: The long walk to freedom. Will he be back in jail soon?

Also, counsel to Slok Nig Ltd (3rd respondent), Uche, told the court that the former governor had satisfied the requirements for the court to grant his application, arguing that the only reason a retrial would be valid would be if the prosecution provides evidence of an order of a superior court for the retrial.

Justice Ekwo, after listening to all the submissions, commended the way and manner the proceedings in the matter were conducted by counsel.

He adjourned the matter until September 20 for the judgment saying it was a tentative date and that if the judgement was ready before then, the court would inform parties.

The former governor is seeking an order of the court prohibiting the EFCC from retrying him on the same alleged money laundering charges for which he had been tried, convicted, and sentenced by justice M.B. Idris of the Lagos division of the court.

By Victor Uzoho

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