The Federal High Court on Wednesday prohibited the Economic and Financial Crimes Commission (EFCC) from retrying former Abia Governor, Orji Uzor Kalu.
Justice Inyang Ekwo gave the order while delivering judgment in an application filed by the former governor seeking an order of the court prohibiting the EFCC from retrying him on a charge for which he had already been tried and convicted.
“An order is hereby made prohibiting the Federal Government through the EFCC from retrying the applicant (Kalu) on charge no. FHC/ABJ/CR/56/2007 since there was no order in the judgment of the Supreme Court for the retrial of Kalu,” the judge said.
21st CENTURY CHRONICLE reports that Kalu, a serving Senator representing Abia North Senatorial district had prayed the court to stop his retrial in the N7.1B money laundering charges on the ground that he had been tried, convicted, and imprisoned on the strength of the same charges.
Counsel to Kalu, Awa Kalu (SAN) had informed the court that senator Kalu stood for trial for 12 years and got the judgment that convicted and jailed him for 10 years.
Kalu who produced and read the Supreme Court judgment added that there was nowhere in the judgment where the apex court made the order for his client’s trial.
The senior counsel cited section 36 (9) of the 1999 constitution which stipulates that no Nigerian shall be subjected to double jeopardy to support his arguments
He, however, challenged the Economic and Financial Crimes Commission (EFCC) to point out to court where an order for retrial was made against the former governor
The senior lawyer also urged the court to prohibit EFCC from going ahead with the case.
