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A former governor of Abia State, Orji Uzor Kalu on Tuesday asked a Federal High Court in Abuja to strike out a suit by the Economic and Financial Crimes Commission seeking to prosecute him on the same offence of alleged laundering of N7.1 billion.
Kalu who is the Senate Chief Whip argued that having been tried once by EFCC, convicted and sentenced in the same charges FHC/ABJ/CR/56/2007, it would amount to double jeopardy for him if subjected to a fresh trial on the same charge.
The lawmaker in a motion by his counsel, Prof. Awa Kalu (SAN), before Justice Inyang Ekwo asked the court to rescue him from double jeopardy.
He further sought for an order of court stopping the Federal Republic of Nigeria, through the EFCC, its officers, servants, others, agents, privies and any other person or bodies from retrying him in the case with charge No. FHC/ABJ/CR/56/2007.
The politician also applied for an order prohibiting the EFCC and other agencies of government from retrying, harassing and intimidating him with respect to the charge with Ref. No. FHC/ABJ/CR/56/2007 between FRN Vs Orji Kalu and two others or any other charge based on the same facts as he need not suffer double jeopardy.
He sought that should his application be granted, it should operate as a stay of proceedings until the determination of the application or until the Judge otherwise orders.
When the case began, the EFCC counsel, Chile Okoroma told Justice Ekwo that the EFCC had written two letters to the Chief Judge seeking for the movement of the trial to Lagos in compliance with a Supreme Court judgment.
Justice Ekwo while refusing to indefinitely adjourn the case, fixed June 7, 2021 for the report of the Chief Judge on the transfer request.
This post was written by Obiajulu Joel Nwolu.
The views expressed here belong to the author and do not necessarily reflect our views and opinions.