Orji Kalu: Lawyers In Heated Argument As Court Fixes Date To Pass Judgement In ‘Criminal Retrial Suit’

A Federal High Court sitting in Abuja, on Friday, adjourned to September 20 to pass judgement on a suit seeking to stop the criminal retrial of former governor of Abia state, Orji Uzor Kalu.

Presiding judge, Inyang Ekwo, adjourned the case after the former governor’s counsel, Awa Kalu SAN (applicant), the Economic and Financial Crimes Commission (EFCC) and two other respondents clashed during court proceedings on Friday.

Advertisement

Recall that the former governor, who has been facing trial since 2007, was convicted and sentence to 12 years jail term for fraud, among other things.

But after about five months in prison, the Supreme Court held that the judge that convicted him had no jurisdiction 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 ors, 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.”

Advertisement

His lawyer, Kalu SAN, argued that his client stood trial for 12 years and had spent five months in prison.

He claimed that the Supreme Court had nullified the proceedings by vacating his longstanding trial.

“My lord should look at the orders that has been made…We pray that you grant this application.

“There is no order from the Supreme Court that the applicant be retried,” he told the judge.

But the EFCC counsel, Rotimi Jacob SAN, noted that a judge had tried and convicted the applicant, but which the apex court later vacated.

Advertisement

Jacob claimed that Kalu wants to avoid retrial because of the established convictions against him.

“They do not want a retrial. I appeal with my lord because this case is against the federal government of Nigeria…,” he said.

Jacob said the applicant cannot talk about the order of the Supreme Court without making reference to the body of the entire case.

“When it comes to a big man in our nation, he is complaining that he has stayed five months in prison.

“I urge your lordship to reject their application…a co-respondent cannot file an application to support the applicant.

“They are asking your lordship to terminate the proceedings,” he said.

Advertisement

On their part, counsels for Orji Kalu’s firm, SLOK Nigeria and another, agreed with the applicant, thereby urging the court to stop the retrial.

Responding, Justice Ekwo said: “Now, I am going to give a date for judgement and that date is tentative.

“Case adjourned to 20 September for judgment,” he said.

Leave a comment

Advertisement