The Federal High Court sitting in Abuja, on Monday, stayed further proceedings in the money laundering charge pending against former governor of Abia State and Chief Whip of the Senate, Dr. Orji Uzor Kalu.
The court, in a ruling by Justice Inyang Ekwo, equally granted Kalu the leave to apply for an order of perpetual injunction to restrain the Federal Republic of Nigeria, through the Economic and Financial Crimes Commission, EFCC, from retrying him on the charge marked FHC/ABJ/CR/56/2007.
The ruling followed an ex-parte motion the former governor who is currently representing Abia North Senatorial District, filed to query the legality of his planned retrial by the EFCC.
Meanwhile, Justice Ekwo ordered Kalu to within seven days, file and serve all the court processes on all the Repsondents in his suit.
Cited as 1st to 3rd Respondents in the matter are the Federal Republic of Nigeria, former Director of Finance in Abia State, Jones Udeogu, and Kalu’s firm, Slok Nigeria Limited.
The court subsequently adjourned the case to February 23 for mention.
Kalu had in the motion he filed through his team of lawyers led by a former Attorney-General of the state, Chief Awa Kalu, SAN, 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”.
According to him, “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.
“The trial of the Applicant having been pronounced a nullity by the Supreme Court in its judgment dated the 8th day of May, 2020 and without more, cannot entitle the Economic and Financial Crimes Commission to institute the same charge against the Applicant”.
Canvassing 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 extent charge against him.
“That following the conviction and sentence of the Applicant, the Applicant was incarcerated at the Kuje Correctional Centre where he served part of his term having spent a few days in the Ikoyi Correctional Centre”.
He noted that the Supreme Court had in the judgement it delivered on May 8, 2020, on Appeal No: SC.62C/2019, which was filed by his co-Defendant, Udeogu, held that the trial of the Appellant at the trial Court was conducted without jurisdiction.
He argued that the apex court thereafter, only ordered the retrial of the Appellant (Udeogu), without reference to himself (Kalu).
“That there is no extant Ruling or Judgment of a competent Court in Nigeria ordering the retrial of the Applicant having regard to the fact that the Supreme Court excluded the Applicant from the explicit order for retrial arising from Charge No. FHC/ABJ/CR/56/07 F. R. N. VS. Orji Uzor Kalu & 2 Ors”, Kalu argued.
Consequently, he prayed the court for an order of perpetual injunction restraining FG, through the EFCC or its agents, from further trying, harassing and intimidating him with respect to the charge or any other charge based on the same facts “as the Applicant need not suffer double jeopardy”.
As well as for, “An Order that this Application shall operate as a stay of the proceedings to which the application relates until the determination of the application or until the Judge otherwise orders”.
Justice Ekwo said he was satisfied that Kalu placed “relevant materials of logical value”, to warrant the exercise of discretion of the court in his favour.
It will be recalled that Kalu, who piloted affairs of Abia State from 1999 to 2007, was earlier found guilty and handed a 12-year jail term by the Lagos Division of the court.
The trial court convicted him alongside his firm, Slok Nigeria Limited and a former Director of Finance in Abia State, Udeogu.
EFCC alleged that the Defendants pilfered about N7.1billion from the Abia State treasury.
However, the Supreme Court quashed the verdict of the High Court and ordered retrial of the Defendants before a new judge.
Planned re-arraignment of the Defendants on 36-count money laundering charge was on February 2, stalled by an application the EFCC filed for the case-file to be transferred to the Lagos Division of the High Court for retrial.
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