From Godwin Tsa Abuja
Former Abia State Governor and Senate Chief Whip, Dr.Orji Kalu has asked a Federal High Court to prohibit the Economic and Financial Crimes Commission (EFCC) from retrying him on same alleged money laundering charges against him.
In a motion exparte moved before Justice Inyang Ekwo of the Abuja division of the Court, on Tuesday, Kalu, through his counsel, Prof. Awa Kalu (SAN), contented that having been tried, convicted and sentenced for the same charges FHC/ABJ/CR/56/ 2007 by Justice M.B. Idris, it will amount to double jeopardy if he is subjected to a fresh trial on same charge.
He is further seeking for an order prohibiting the Federal Republic of Nigeria, through the EFCC (her agent), her officers, servants, others agents, privies and any other person or bodies driving 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.
He is also seeking an order prohibiting the Federal Republic of Nigeria, through the EFCC (her agent), her officers, servants, others, agents, privies and any other person or bodies driving authority from the Federal Republic of Nigeria, from retrying, harrassing and intimidating him with respect to the charge as it concerns charge No: FHC/ABJ/CR/56/2007 between FRN vs Orji Kalu & 2 ors or any other charge based on same facts as he needs not suffer double jeopardy.
Kalu further asked that his application, if granted, should operate as a stay of proceedings until the determination of the application or until the judge otherwise orders.
Meanwhile, the EFCC is seeking the transfer of the trial of Kalu from Abuja to the Lagos division of the court. When the case was called up, the prosecution counsel sought for an indefinite adjournment to allow the transfer of the matter to Lagos, based on its letter to the Chief Judge of the Court.
Justice Ekwo has, however, adjourned the case to June 7, 2021 for report on the situation.