The Economic and Financial Crimes Commission (EFCC), has raised concern about the delay of a fresh trial of the Chief Whip of the Senate, Orji Uzor Kalu, and his company, Slok Nigeria Limited, and others over an alleged N7.1 billion fraud since 2022.
OsunDaily News reports that Justice Idris had convicted Kalu, his Company, Slok Nigeria Limited and Ude Jones Udeogu for money laundering in Charge No: FHC/ABJ/CR/56/2007 between the Federal Republic of Nigeria v. Orji Uzor Kalu & 2 Ors on December 5, 2020.
However, the Supreme Court nullified the trial and conviction following the defendants’ appeals against the judgement in which they argued that since the trial Judge, Justice Idris was already elevated to the Court of Appeal, he could not be granted a fiat to conclude the case.
Therefore the apex court, held that Justice Idris no longer had jurisdiction to try the case after being elevated to the Court of Appeal and consequently ordered that the case be reassigned to another Judge for trial de novo.
The Defendants (Kalu and his Company), filed applications before the Federal High Court, Lagos relying on the judgment of the Supreme Court for them to be released from the sentence from the conviction since the Supreme Court had held that the trial was a nullity. The applications were granted and Kalu was released from the Correctional Centre.
In line with the judgement, the case was later re-assigned to Justice I. E. Ekwo, J. of the Federal High Court, Abuja. But the case was re-assigned to be tried in Abuja despite the Court of Appeal’s earlier judgement that held that Lagos and not Abuja has jurisdiction to hear the case.
However, at the re-trial, Kalu who is the 1st Respondent in Suit No: FHC/ABJ/CS/73/2021 Federal Republic of Nigeria v. Orji Uzor Kalu & 2 Ors filed an application before Justice I. E. Ekwo, J. of the Abuja Federal High Court in which he sought, among others, an order of the court prohibiting the Federal Republic of Nigeria through the EFCC from prosecuting him again on the allegations in Charge No: FHC/ABJ/CR/56/2007 between the Federal Republic of Nigeria v. Orji Uzor Kalu & 2 Ors on the ground that he had earlier been tried, convicted and sentenced on the charge.
But the anti-graft agency also filed a Counter Affidavit and Written Address in opposition to the application, but ruling on the suit, the court held that the applicant (EFCC) cannot retry the respondents.
The court held that the plea of autrefois acquit and autrefois convict and the principle of double jeopardy availed the 1st Respondent (Orji Uzor Kalu) and that the re-trial of the 1st Respondent would amount to the violation of the provisions of Section 36 (9) and (10) of Constitution of Federal Republic of Nigeria, 1999 as amended and Section 238 of the Administration of Criminal Justice Act, 2015.
However, this online news platform gathered one of the EFCC’s Counsels in a correspondence sighted by SaharaReporters said “In view of the decision of the trial court prohibiting the Federal Republic of Nigeria through the anti-graft from trying the 1st Respondent (Orji Uzor Kalu) again on the allegations in the filed a notice of appeal against the decision, transmitted record of appeal and filed the Appellant’s brief of argument.
“The 1″ Respondent has also filed his brief of argument together with a notice of preliminary objection. We have filed our reply brief wherein we incorporated our response to the Preliminary objection. The appeal first came up on 7th June 2022 and was adjourned for hearing of the appeal to the 29th November 2022 but the Court did not sit on that date. We have made frantic efforts to get a date for a hearing and have applied for a hearing.”
He, however, disclosed when the suit was reassigned to I. E. Ekwo, J. of the Federal High Court, Abuja wrote letters to the Honourable Chief Judge of the Federal High Court, requesting him to return the case file to the Lagos Division of the Court, adding they had informed him that the case was tried and concluded in Lagos and that the Court of Appeal had held that Lagos and not Abuja has jurisdiction over the case.
He advanced that “However before the Chief Judge would respond to our letter, the former Abia State governor had filed the application in Suit No: FHC/ABJ/CS/73/2021 seeking that he would not be tried again. The Chief Judge then responded to our letter in his Lordship’s letter dated 21 January 2021 (though received much later) indicating that we should await the decision in Suit No: FHC/ABJ/CS/73/2021 for him to determine whether he would need to act on the letter.
“After I. E. Ekwo, J. granted Orji Uzor Kalu’s prayer in Suit No: FHC/ABJ/CS/73/2021 and Slok Nigeria Limited’s prayer in Suit No: FHC/ABJ/CS/475/2021 the two of them filed an application for their names to be removed from CHARGE NO: FHC/ABJ/CR/56/2007 BETWEEN FEDERAL REPUBLIC OF NIGERIA V. ORJI UZOR KALU & 2 ORS since the Court had held that they should not be tried again. We filed counter-affidavits to the said applications and filed at the Court of Appeal applications for a stay of execution of the decisions in Suit No: FHC/ABJ/CS/73/2021 and Suit No: FHC/ABJ/CS/475/2021.
“We also filed an application before I. E. Ekwo, J. for him to transfer CHARGE NO: FHC/ABJICR/56/2007 BETWEEN FEDERAL REPUBLIC OF NIGERIA V. ORJI UZOR KALU & 2 ORS back to Lagos Division of the Federal High Court. On the 22nd of July, 2022, a ruling was delivered wherein his Lordship ruled that the Applicant’s application to transfer the case back to the Lagos Division of the Federal High Court, was an abuse of court process and the Applicant/Prosecution’s Counsel was ordered to show cause why he should not be disqualified from prosecuting the charge.
“This decision of the trial Court was reached notwithstanding the fact that the charge was initially tried and determined at the Lagos Division of the Federal High Court in accordance with the decision of the Court of Appeal in Appeal No: CA/A/870/2017 which is still subsisting.
“Motion No: CA/ABJ/PRE/ROA/CR/1125MV/2022 was subsequently filed at the Court of Appeal seeking an extension of time to apply for leave to appeal against the said ruling of the Federal High Court, Abuja, Coram I. E. Ekwo, J. delivered on the 22nd July 2022 in CHARGE NO: FHC/ABJ/CR/56/2007 BETWEEN FEDERAL REPUBLIC OF NIGERIA V. ORJI UZOR KALU & 2 ORS.”
