The Federal High Court in Abuja has barred the Federal Government of Nigeria from retrying a former Governor of Abia State, Orji Uzor Kalu, on the N7.1billion money laundering charge brought against him by the Economic and Financial Crimes Commission (EFCC), which led to his conviction in 2019.
Delivering judgement in the case, Justice Inyang Ekwo held that the Supreme Court, in its May 8, 2020 verdict did not order the retrial of either Kalu or his firm, Slok Nigeria Limited.
The judge held that the apex Court only ordered the retrial of a former Director of Finance in Abia State, Jones Udeogu, who was the appellant before the court.
Consequently, the court upheld the suit filed by the former governor to challenge the legal propriety of his re-arraignment by the anti-graft agency.
Kalu had in the suit filed through his counsel, Mr. Awa Kalu, SAN, contended that allowing the EFCC to try him afresh on the charges upon which he was earlier convicted and sentenced on December 5, 2019, will amount to “double jeopardy”.
The former governor and the current Chief Whip of the Senate, argued that 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.”
Justice Mohammed Idris of the Federal High Court, Lagos had sentenced Kalu to 12 years imprisonment in his judgement delivered on December 5, 2019.
However, his conviction was nullified by the Supreme Court in a May 2020 judgment.
In a unanimous verdict on the appeal filed by Kalu, delivered by Justice Ejembi Eko, the Supreme Court declared his conviction null and void.
The Supreme Court Justice nullified Kalu’s conviction on the ground that Justice Idris, who sentenced the former governor was already a Justice of the Court of Appeal at the time he delivered the judgement.
He declared that a Justice of the Court of Appeal cannot operate as a judge of the Federal High Court.