Judgement is expected to be given today, September 20, 2021, on a fresh suit instituted by Senator Orji Uzor Kalu and seeking to stop the Economic and Financial Crimes Commission, EFCC, from subjecting him to retrial in an alleged N7.1bn fraud charges brought against him.
Justice Inyang Eden Ekwo of the Federal High Court in Abuja, is expected to deliver a make or mar judgment in the suit. The Judge had on July 2 fixed the date after Kalu and EFCC adopted all processes filed for and against the suit.
Daily Post learnt on Sunday September 19 that notice for delivery of judgment has been issued and served on both EFCC and Senator Kalu through their respective lawyers by the court bailiff.
Professor Awa Kalu SAN, counsel to the former governor, while adopting his processes, had informed the court that Senator Kalu stood for trial for 12 years and got a judgment that convicted and jailed him for 10 years.
He cited section 36 (9) of the 1999 constitution which stipulates that no Nigerian shall be subjected to double jeopardy to support his arguments.
Professor Kalu had produced and read the Supreme Court judgment upon which the ex-governor was released after five months in prison adding that there was nowhere in the judgment where the apex court made order for his client’s trial.
However in a vehement opposition to the suit. EFCC through its counsel, Mr Rotimi Jacobs SAN, asked the court to dismiss the suit with anger.
He submitted that the judgment which led to the release of Kalu has been declared a nullity by the Supreme Court, which also ordered retrial of the appellant in the matter, Mr Udeh Jones, who stood trial along with Kalu in the same charges.
EFCC had argued that since the Supreme Court order benefitted Kalu, he must bear the burden that arose from the apex court verdict.
Specifically, Kalu is seeking an order of court 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.