N17.1b Fraud: Court Halts Retrial Of Orji KaluAfrican News, Featured, Latest News, News, News Across Nigeria, News From The State Monday, February 8th, 2021
(AFRICAN EXAMINER) – A Federal High Court sitting in Abuja Monday temporarily halted the re-trial of former Abia State Governor, Sen. Orji Kalu, over alleged 17.1b corruption charges.
Justice Inyang Ekwo temporarily stayed the re-trial while delivering ruling in an application filed by Kalu – seeking leave to file a motion against his re-trial for alleged fraud committed when he served as Governor of the South east State between 1999 and 2007.
The ex parte application was filed by Kalu’s counsel, Prof. Awa Kalu, SAN.
Justice Ekwo also granted leave to the serving Senator to challenge the legality of the retrial on the same charge.
The jurist agreed that the former Abia State Governor had placed sufficient materials of value before the court to enable him secure permission for judicial review of his retrial on charges which he had been tried, convicted and spent some months in prison.
The Judge also granted Senator Kalu permission to apply for an order of perpetual injunction against the Federal Government through the Economic and Financial Crimes Commission, (EFCC) to prohibit his retrial.
The court therefore gave Kalu seven days within which he is expected to file and serve the EFCC all processes he intended to use to challenge the legality of the retrial.
Justice Ekwo adjourned the suit till February 23 for mention
Former Governor Kalu had asked the court to prohibit the EFCC from retrying him on the same alleged N7.1 billion money laundering charge against him.
However, the senior Lawmaker argued that having been tried once by the EFCC, convicted and sentenced in the same charge, with the reference No: FHC/ABJ/CR/56/ 2007, would amount to double jeopardy for him to be subjected to a fresh trial on the same charge.
In his ex-parte motion, Senator Kalu asked that if his application was granted, it should serve as a stay of proceedings until the determination of the application or until the judge orders in contrary.
Short URL: https://www.africanexaminer.com/?p=59637