A former Abia State Governor, Senator Orji Uzor Kalu, will on Monday, September 20, 2021, know his destiny in his recent swimsuit looking for to cease the Financial and Monetary Crimes Fee, EFCC, from subjecting him to retrial in an alleged N7.1bn fraud costs introduced towards him.
Justice Inyang Eden Ekwo of the Federal Excessive Court docket in Abuja, is predicted to ship a make or mar judgment within the swimsuit.
The Decide had on July 2 fastened the date after Kalu and EFCC adopted all processes filed for and towards the swimsuit.
Each day Submit learnt on Sunday September 19 that discover for supply of judgment has been issued and served on each EFCC and Senator Kalu by way of their respective legal professionals by the courtroom baillif.
The previous governor, who’s now a Senator representing Abia North Senatorial district within the senate, is looking for to cease his retrial within the N7.1bn cash laundering costs on the bottom that he had been tried, convicted and imprisoned on the power of the identical costs.
Professor Awa Kalu SAN, counsel to the previous governor whereas adopting his processes had knowledgeable the courtroom that senator Kalu stood for trial for 12 years and bought a judgment that convicted and jailed him for 10 years.
The senior counsel cited part 36 (9) of the 1999 structure which stipulates that no Nigerian shall be subjected to double jeopardy to assist his arguments
Awa Kalu insisted that the previous governor, having served a interval of jail time period, could be made to undergo double jeopardy if allowed by the courtroom to be placed on trial for the second time by the federal authorities.
Professor Kalu had produced and browse the Supreme Court docket judgment upon which the ex governor was launched after 5 months in jail including that there was nowhere within the judgment the place the apex courtroom made order for his consumer’s trial.
He had challenged the EFCC to level out to courtroom the place order for retrial was made towards the previous governor
The senior lawyer had then urged the courtroom to ban EFCC from going forward with the deliberate retrial.
Nonetheless in a vehement opposition to the swimsuit., EFCC by way of its counsel, Mr Rotimi Jacobs SAN, requested the courtroom to dismiss the swimsuit with anger.
He submitted that the judgment which led to the discharge of Kalu has been declared a nullity by the Supreme Court docket which additionally ordered retrial of the appellant within the matter, Mr Udeh Jones who stood trial together with Kalu in the identical costs.
EFCC had argued that for the reason that Supreme Court docket order benefitted Kalu, he should bear the burden that arose from the apex courtroom verdict.
Jacobs described Kalu’s swimsuit as approbating and reprobating on the identical time, frivolous, irritating and looked for it’s dismissal with order on Kalu to face retrial.
In a brief ruling that adopted, Justice Ekwo fastened September 20 for judgment within the matter.
Particularly, Kalu is looking for an order of courtroom prohibiting the federal authorities, by way of the EFCC, its officers, servants, others, brokers, privies and some other individual or our bodies deriving authority from the Federal Republic of Nigeria, from retrying him on cost No. FHC/ABJ/CR/56/2007 between FRN vs Orji Kalu & 2 ors, or some other cost primarily based on the identical information de novo, there being no extant judgment and ruling of a reliable courtroom in Nigeria mandating identical.
The ex governor had additionally utilized for order prohibiting the Federal Republic of Nigeria, by way of the EFCC (her agent), her officers, servants, others, brokers, privies and some other individual or our bodies deriving authority from the Federal Republic of Nigeria, from retrying, harassing and intimidating him with respect to the cost as issues cost No: FHC/ABJ/CR/56/2007 between FRN vs Orji Kalu & 2 ors or some other cost primarily based on identical information as he needn’t undergo double jeopardy.
Additionally Kalu is asking the federal excessive courtroom to restrain the Financial and Monetary Crimes Fee (EFCC) from retrying him on the identical alleged N7.1b cash laundering costs towards him.
He contended that having been tried as soon as by EFCC, convicted and sentenced in the identical costs FHC/ABJ/CR/56/ 2007, it can quantity to double jeopardy for him if he’s allowed to be subjected to a recent trial on the identical cost.
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