By Onyewuchi Ojinnaka
Justice Inyang Ekwo of a Federal High Court sitting in Abuja on Friday fixed September 20 for ruling on the application filed by former Abia State governor, Senator Orji Uzor Kalu, challenging his retrial by the Economic and Financial Crimes Commission (EFCC) for money laundering.
Recall that the Lagos division of the court had on December 5, 2019, convicted and sentenced Senator Kalu to 12 years imprisonment, and his co-defendant, Udeh Udeogu, to 10 years imprisonment respectively, for diverting Abia State’s funds to the tune of N7.1 billion to their personal use.
However, on May 8, 2020 the Supreme Court nullified the sentence on the technical grounds that Justice Mohammed Idris who convicted and sentenced the convicts had no jurisdiction to do so because at that material time, he had been elevated to the Appeal Court. The Supreme Court set aside the conviction and sentence, and ordered that the defendants be tried afresh.
But before they could be re-arraigned, Kalu who is the incumbent Chief Whip of the Nigerian Senate, filed an application to stop his retrial, citing that he had already been convicted, sentenced and served part of the jail term and therefore, cannot be tried on same offence.He argued that it would amount to double jeopardy/ trial on same offence.
At Friday’s hearing, lawyers representing the different parties respectively adopted the processes they had all filed and exchanged.
Subsequently, the presiding judge, Inyang Ekwo, gave a tentative date of September 20, for the verdict.
He said the court would notify parties in the suit of change in date if the judgement would not be ready before then.
Mr Rotimi Jacobs (SAN) is the prosecuting counsel in Uzor Kalu’s case while Kalu’s defence team is led by Awa Kalu (SAN)
