Court To Rule On EFCC’s Request For Transfer Of Orji Kalu’s Trial To Lagos On July 22

The Federal High Court sitting in Abuja on Tuesday adjourned to July 22 to rule on a motion on notice filed by the Economic and Financial Crimes Commission, EFCC, seeking the transfer of its case against the former governor of Abia state, Orji Uzor Kalu, his company, SLOK Nigeria Limited and Ude Jones Udeogu, to Lagos division.

But the former governor’s lawyer, Awa Kalu SAN described the EFCC’s case as disrespectful to his client.

The anti-graft agency had on January 10, 2022 urged 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 try Kalu and that the ingredients of the case happened in Lagos.

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 Ekwo had maintained that there was 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 apex court quashed his conviction, saying the trial judge at the time, had no jurisdiction to determine the case.

The apex court subsequently vacated the conviction and returned the case to the Chief Judge of the Federal High Court for reassignment.

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 obstruct the agency from carrying out its constitutional duties of prosecuting financial crimes.

But Justice Ekwo upheld the prayers of the applicants.

The anti-graft agency is now left with an application seeking transfer of the matter to Lagos.

On Tuesday, EFCC lawyer, Leke Atolagbe, urged the judge not to waste his previous time over a matter that had already been tried in another division.

“We urge your lordship to grant the application, in other not to waste the time of this court trying the matter,” he said.

But Awa Kalu, told the judge that EFCC’s application was “disrespectful” and should be rejected because there is no apex court decision directing that his client be retried.

He also said that there is an application pending before the judge asking “My lord to establish whether the first (Kalu) and third defendant (Slok) are still part of this case.”

Other defendants’ counsel urged the judge to dismiss the case with substantial cost, adding that there is no directive from the Chief Judge that the matter be transferred.

“Case adjourned to 22 July for ruling,” the judge said.