Justice Inyang Ekwo of the Federal High Court Abuja has slated April 20 for the suit by the former governor of Abia State and Chief Whip of the Senate, Orji Uzor Kalu to stop his retrial by the Economic and Financial Crimes Commission, EFCC.
Justice Ekwo okayed the matter after he directed the service of the Originating Summons on the EFCC which was cited as the 1st Defendant in the suit.
On Tuesday, Rotimi Jacobs, the counsel for the EFCC protested the service of the originating summons on his Chambers instead of the EFCC, telling the court that the EFCC had yet to brief him to handle the case on its behalf, saying it would amount to professional misconduct to accept processes in the matter.
In his response, Kalu’s lawyer, Awa Kalu said he would ensure that the EFCC was served with the necessary processes while Chris Uche and George Ukeagbu who appeared for the 2nd and 3rd Defendants admitted that they were properly served with all the processes with respect to the suit.
Justice Ekwo subsequently adjourned the matter for hearing, even as he directed the Applicant to serve the EFCC within seven days.
It will be recalled that the court had on February 8, granted Kalu the leave to challenge his retrial by the EFCC on the same money laundering charge upon which he was previously sentenced and convicted.
The court equally ordered that the planned re-arraignment of Kalu and two other Defendants be put on hold, pending the weather resolution of legal questions he raised against his retrial.
Cited as 1st to 3rd Respondents in the matter is the Federal Republic of Nigeria, former Director of Finance in Abia State, Jones Udeogu, and Kalu’s firm, Slok Nigeria Limited.
Kalu had in the Application he filed through his team of lawyers, 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 extant 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”.
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 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 a retrial of the Defendants before a new judge.
Scheduled commencement of retrial of the Defendants on the 36-count charge was stalled on February 2, following an application the EFCC filed for the case-file to be transferred back to the Lagos Division of the High Court.
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