Justice Inyang Ekwo of the Federal High Court Abuja has fixed September 20 for judgment in a suit filed by former Abia State Governor, Orji Uzor Kalu seeking to stop his retrial by EFCC for N7.1 billion Fraud allegation.
The date was fixed after Kalu and EFCC adopted all processes filed in the suit.
In the suit filed by Awa Kalu who is counsel for Senator Uzor Kalu representing Abia North Senatatorial District, the plaintiff is seeking to stop his retrial after he was convicted and sentenced to prison.
He argued that he stood for trial for 12 years and judgement was entered that convicted and jailed his client for 10 years , relying on section 36 subsection (9) of the 1999 Constitution which stipulates that no Nigerian shall be subjected to double jeopardy.
Kalu also drew the attention of the court to the decision of the Supreme Court which led to the release of the former Governor after months in prison adding that there was no where in the judgement where the apex court made an order for his client to be re-tried.
He therefore urged th the court to stop EFCC from going ahead with the planned retrial.
In opposition, counsel for EFCC, Rotimi Jacobs asked the court to dismiss the suit that the judgment which led to the release of Kalu has been declared a nullity by the Supreme Court which also ordered a retrial of the appellant in the matter of Udeh Jones who was tried alongside with Kalu.
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Justice Inyang Ekwo fixed September 20 for judgment in the matter.
Kalu is asking for an order of court prohibiting the Federal Government and its agents from further harassing or prosecuting him on the same facts that there being no extant judgement and ruling of a competent court in Nigeria mandating same as it will amount to double Jeopardy.
Senator kalu, who was the Governor of abia state within 1999 and 2007, was earlier sentenced to 12-year jail term by the lagos high court division after he was found guilty
He was convicted alongside his firm, SLOK Nigeria limited and a former director of finance in Abia state, Jones Udeogu, for allegedly diverting the sum of N7.1billion from the state treasury to personal use.
