The Federal High Court sitting in Abuja on Tuesday adjourned to March 10 for hearing of the motion on notice filed by the Economic and Financial Crimes Commission, EFCC, against the former governor of Abia state, Orji Uzor Kalu, his company, SLOK Nigeria Limited and Ude Jones Udeogu.
The anti-graft agency’s motion is for Justice Inyang Ekwo to order the transfer of the case with charge no: FHC/ABJ/CR/56/2007 between federal government and Kalu and two others to its Lagos division.
It argued that the Abuja court lacked jurisdiction to entertain or try Kalu.
Advertisement
THE WHISTLER reported that the Court sitting in Abuja had on September 29,
stopped the federal government from retrying Senator Uzor Kalu, and his company, SLOK Nigeria.
Justice Inyang Ekwo had held that there is no order of the Supreme Court mandating their retrial.
Recall that the former governor, who has been facing trial since 2007, was convicted and sentenced to 12 years jail term for N7.1 billion fraud, among other things.
But after about five months in prison, the Supreme Court held that the judge that convicted him had no jurisdiction to do so.
The apex court subsequently vacated the conviction and reassigned the trial back to the Chief Judge of the Federal High Court.
But Kalu had filed a suit asking Justice Ekwo to make an order “prohibiting the federal government, through the EFCC, its officers, servants, others, agents, privies and any other person or bodies deriving authority from the Federal Republic of Nigeria, from retrying him on charge No. FHC/ABJ/CR/56/2007 between FRN vs Orji Kalu & 2 others, or any other charge based on the same facts de novo, there being no extant judgment and ruling of a competent court in Nigeria mandating same.”
EFCC opposed it ,arguing it will restrain the agency from carrying out its constitutional duties of prosecuting financial crimes.
But Justice Ekwo upheld the prayers of the applicants.
On Tuesday, EFCC lawyer, Rotimi Jacob SAN, informed the court that his motion seeking the transfer of the case was served same day to all the applicants, adding that one of the lawyers was served in open court.
Subsequently, following agreement by various parties in court, Justice Ekwo gave Kalu and two others 30 days to respond to EFCC’s application.
“Parties are directed to file their reply before the date of hearing,” the judge said as he adjourned.
Are Orji Kalu, SLOK Still In The Corruption Case?
THE WHISTLER reports that when the trial court stopped Kalu’s retrial by the EFCC, he directed his lawyers to make a formal application to remove the name of Kalu and his company from the EFCC charge.
His lawyers actually made an oral application then but the judge said it must be formally requested.
On Tuesday, Prince Uche SAN who represented SLOK told Justice Ekwo that he had a pending application to that effect.
But based on the adjournment, the application was not heard.