Alleged money laundering: Kalu asks court to stop his retrial

Senate Chief Whip, Orji Kalu, on Tuesday, prayed a Federal High Court in Abuja to stop his retrial.

A Federal High Court in Lagos had, on December 5, 2019, convicted the former governor.

The court sentenced Kalu to 12 years’ imprisonment after being found guilty on all the 39-count charges preferred against him.

He was convicted of N7.65billion fraud perpetrated when he was Abia State governor between 1999 and 2007.

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Justice Mohammed Idris convicted Kalu, alongside his firm, Slok Nigeria Limited and Jones Udeogu, who served under him as the Director of Finance and Accounts at the Abia State Government House in Umuahia were convicted.

However, on May 8, 2019, the Supreme Court nullified his conviction on the grounds that the conviction was misplaced.

The apex court ordered his retrial.

The former Abia governor, who the the Economic and Financial Crimes Commission (EFCC) brought to court on Tuesday for the retrial over alleged money laundering charges, said in a motion ex parte moved before Justice Inyang Ekwo, through his counsel, Prof. Awa Kalu (SAN), that having been tried, convicted and sentenced on the same charges with case number: 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 the same charge.

He further sought for an order of the court prohibiting the Federal Republic of Nigeria, through its agents – the EFCC, her officers, servants, others, from retrying him on charge No. FHC/ABJ/CR/56/2007 between FRN vs Orji Kalu & 2 others 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.

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.

In a 21 paragraph affidavit deposed to in support of his motion, Senator Kalu chronicled the historical background of the trial from his first arraingement and re-arraignment in 2016 and 2017, before the Abuja division of the Federal High Court after the initial charges were amended by the EFCC.

He further narrated how his application to quash the charges was not granted by both the trial court, the Court of Appeal and the Supreme Court.

Kalu told the court that following an application by the EFCC, to the Chief Judge of the Federal High Court, the charge was transferred to the Lagos division of the court and was assigned to Justice M.B. Idris (now a Justice of the Court of Appeal).

That upon the transfer of the charge to Lagos, he bore the cost of movement of his entire legal team from Abuja to Lagos including the cost of accommodation up till judgment.

Senator Kalu disclosed that at the trial, the prosecution called a total of 19 witnesses and thereafter, closed its case, necessitating him together with other defendants to enter individually and respectively a no-case submission.

He stated how midway through the trial, Justice Idris was elevated to the Court of Appeal as a Justice of the Court and subsequently took the oath of office and subscribed to the oath of Allegiance on June 22, 2018 and lost his position as a Judge of the Federal High Court.

The applicant also narrated how by a fiat dated July 2, 2018, issued under the hand of the President of the Court of Appeal, Justice Idris was directed to return to the Federal High Court to conclude the trial, then part-heard in charge no: FHC/ABJ/CR/56/2007, between FRN vs Orji Kalu and 2 others.

That in his judgment on December 5, 2019, Justice Idris convicted and sentenced him with respect to the extant charge.

That following his conviction and sentence, he was incarcerated at the Kuje Correctional Centre where he served part of his term having first spent a few days in the Ikoyi Correctional Centre.

That on May 8, 2020, the Supreme Court in judgment in appeal No: SC.62C/2019, Udeh Jones Udeogu vs FRN & 2 others, held that the trial of the appellant at the trial court was conducted without jurisdiction and thereby ordered the retrial of the appellant (Udeh Jones Udeogu) without reference to him.

He argued that there was no extant ruling or judgment of a competent court in Nigeria ordering his trial having regard to the fact that the Supreme Court excluded him from the explicit order for retrial arising from charge No: FHC/ABJ/56/2007.

That the unassailable position of the law is that no person who shows that he has been tried by any court of competent jurisdiction or tribunal for a criminal and either convicted or acquitted shall again be tried for that offence having the same ingredients as that offence serve upon the order of a competent court.

That his trial having been pronounced a nulity by the Supreme Court in it’s judgment of May 8, 2020 and without more cannot entitle the EFCC to institute the same charge against him.

After listening to Awa Kalu (SAN), Justice Ekwo reserved ruling till Monday, February 8, 2021.

While Prof. Awa Kalu (SAN) led the defence team of Senator Kalu, Chief Solomon Akuma (SAN) and K.C. Nwafor appeared for Udeh Jones Udeogu and Slok Nigeria Ltd respectively.

At the hearing, Tuesday, the EFCC told the court that it wanted the transfer of the trial from Abuja to the Lagos division of the court.

The prosecution counsel, Chile Okoroma, informed the Judge of a letter by his client, seeking the transfer of the case to the Lagos division of the court.

He said that the request was predicated on previous decision of the Federal High Court and the Court of Appeal which held that “no element of defence in the charge took place in Abuja.”

Okoroma accordingly urged the court to adjourn the matter indefinitely (sine dine) pending the decision of the Chief Judge.

However, trial judge, Justice Inyang Ekwo declined adjourning indefinitely and fixed June 7 for report on the decision of the Chief Judge.