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, contended that having been tried, convicted and sentenced for the same charges FHC/ABJ/CR/56/ 2007 by Justice MB Idris, it will amount to double jeopardy if he is subjected to a fresh trial on the 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, harassing 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 to 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 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 adjourned the case to June 7 for a report on the situation.
