02 July 2021 By Victoria Abah.
The Federal High Court Abuja, has fixed September 20, for judgment in a suit by former Abia State Governor, and Senate Chief Whip, Dr Orji Uzor Kalu seeking to stop his retrial in an alleged N7.1B Fraud.
Trial Judge, Justice Inyang Ekwo fixed the date after Kalu and EFCC adopted all processes filed for and against the suit.
Prof. Awa Kalu, counsel to the former governor while adopting his processes informed the court that Kalu stood for trial, got judgment that convicted and sentenced him to 10 years imprisonment.
Citing section 36 sub section (9) of the 1999 constitution, which stipulates that no Nigerian shall be subjected to double jeopardy, Awa Kalu insisted that Senator Orji, having served a period of jail term, would be subjected to double jeopardy if put on trial for the second time.
The senior lawyer then urged the court to prohibit the Economic and Financial Crimes Commission, EFCC from going ahead with the planned retrial.
However, in a vehement opposition to the suit, EFCC through its counsel Rotimi Jacobs, asked the court to dismiss the suit.
He submitted that the judgment which led to release of Kalu has been declared a nullity by the Supreme Court, while arguing that, since the Supreme Court order benefitted Kalu, he must bear the burden that arose from the apex court verdict.
In a short ruling, Justice Ekwo fixed September 20 for judgment in the matter.
Dr. Kalu is seeking to stop his retrial in a N7.1B money laundering charges on the ground that he had been tried, convicted and imprisoned.