The Economic and Financial Crimes Commission says it will appeal the ruling of the Federal High Court stopping the agency from retrying a former governor of Abia State, Senator Orji Uzor Kalu.
The EFCC in a statement by its spokesperson, Wilson Uwujaren, said the judge erred in this ruling.
Justice Inyang Ekwo had on Wednesday stopped the anti-graft agency from going ahead with the retrial.
Justice Ekwo granted the ex-governor’s request on the grounds that the apex court’s judgment did not order his retrial and that by virtue of Section 36 (9) of the 1999 constitution as amended, or Section 283 (2) of the ACJA (Administration of Criminal Justice Act), “no person can be retried on the offence upon which he has been convicted.”
Kalu was serving a 12-year jail term for N7.1 billion fraud when the Supreme Court, ruling on an appeal by his co-defendant, Ude Udeogu, on 8 May 2020, nullified the proceedings leading to their conviction.
The Supreme Court had ordered a retrial at the Federal High Court.
But Kalu who profited from the ruling to secure release from the Kuje Correctional Centre, filed an application before the Federal High Court in Abuja to stop his retrial.
The EFCC said Section 36(9) of the 1999 Constitution is applicable only where the previous judgment was by a court of competent jurisdiction.
