Justice Inyang Ekwo of the Abuja Division of the Federal High Court, will on September 20 decide whether he will stop the planned retrial of former Abia State governor, Senator Orji Kalu in an alleged N7.1 billion fraud suit.
Justice Ekwo yesterday adjourned to the said date for judgment after Kalu and the Economic and Financial Crimes Commission (EFCC) adopted all processes filed for and against the suit.
Kalu, who represents Abia North Senatorial District in the Senate by the suit is seeking to stop his retrial in a N7.1 billion money laundering charges on the grounds that he had been tried, convicted and imprisoned over the same charge.
In adopting his process, Kalu’s lawyer, Professor Awa Kalu, SAN, informed the court that his client stood for trial for 12 years got judgment that convicted and jailed for him 10 years.
The senior lawyer insisted 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.
He cited section 36 (9) of the 1999 constitution which stipulates that no Nigerian shall be subjected to double jeopardy, to support his submission.
Professor Kalu produced and read the Supreme Court judgment upon which the ex-governor was released after five months in prison, adding that there was nowhere in the judgment where the apex court made order for the former governor’s trial.
The defense lawyer who asked the EFCC to point out to the court where order for retrial was made against the Kalu, urged the court to prohibit the anti-graft agency from going ahead with the planned retrial.
Responding, the EFCC noted that the judgment that led to the release of Kalu had been declared a nullity by the Supreme Court which also ordered retrial of the appellant in the matter Mr. Udeh Jones who stood trial with Kalu in the same charges.
EFCC’s counsel, Mr. Rotimi Jacobs, SAN, argued that since the Supreme Court order benefitted Kalu, he must bear the burden that arose from the apex court verdict.
Jacobs described Kalu’s suit as approbating and reprobating at the same time, adding that the suit is frivolous, irritating and should be dismissed.
He also urged the court to order Kalu to face retrial.
In a short ruling, Justice Ekwo fixed September 20 for judgment in the matter.
Specifically, Kalu is seeking an order of court 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.