A Federal High Court in Abuja on Monday granted an application by former Abia state governor, Orji Uzor Kalu, seeking to challenge his re-trial in court.
It also ordered the Economic and Financial Crimes Commission (EFCC) to put on hold the bid to re-arraign Kalu.
Justice Inyang Ekwo gave the ex-governor seven days within which to file and serve on EFCC all processes meant to challenge the legality of the re-trial, while the case was adjourned to February 23 for mention.
Kalu is an All Progressive Congress (APC) senator representing Abia North, and the Chief Whip in the Senate.
The Supreme Court had on May 8, 2020 set aside the judgment of Justice Mohammed Idris of the Federal High Court in Lagos, which convicted and sentenced him to 12 years imprisonment, having declared as unconstitutional the provision of Section 396(7) of the Administration of Criminal Justice Act, 2015, on which Justice Idris relied on to return from his elevation at the Court of Appeal to conclude the trial.
Kalu’s re-arraignment, alongside his company, Slok Nigeria Ltd and former aide, Jones Udeogu was stalled on Tuesday after the EFCC indicated it would transfer the case to Lagos division of the court, on the grounds that many elements of the alleged offence took place there.
But the Defence counsel, Awa Kalu (SAN) had pleaded with the court to allow the application challenging the re-trial in order to stop the lawmaker from suffering double jeopardy having already been tried and convicted on the same charges.
