Appeal court blocks FG’s bid to retry Orji Kalu

Appeal court blocks FG’s bid to retry Orji Kalu

 An appellate court in Abuja has struck out the appeal filed
by the federal government seeking to reopen the criminal trial of Orji Kalu,
former Abia state governor.

 

In the judgment delivered on Wednesday, a three-member panel
of the court held that the record of appeal transmitted before the court was
incompetent.

 

Joseph Oyewole, who read the lead judgment, held that the
federal government failed to properly transmit the record as prescribed by the
rules of the court, and that it was neither stamped nor properly signed.

 

Consequently, the two appeals marked: CA/ABJ/CV/797/2021 and
CA/ABJ/CV/798/2021, filed against Kalu and his firm, were struck out.

 

BACKGROUND

 

The Economic and Financial Crimes Commission (EFCC) had
prosecuted Kalu alongside Ude Udeogu, a former director of finance and accounts
with the Abia state government; and Slok Nigeria Limited, Kalu’s company; on 39
counts of fraud involving N7.1 billion, at a federal high court in Lagos.

 

Mohammed Idris, who is now a justice of the court of appeal,
had at the end of the trial, sentenced Kalu to 12 years imprisonment while
Udeogu was sentenced to 10 years in prison.

 

The third defendant, Slok Nigeria Limited, was ordered to be
wound up and its assets forfeited to the Nigerian government.

 

However, the supreme court on May 8, 2020, voided the trial
and ordered a retrial following an appeal filed by Kalu’s co-defendant.

 

But Kalu asked the court to stop the commission from
retrying him.

 

According to him, the supreme court’s pronouncement on
retrial was peculiar to Udeogu, adding that it would amount to double jeopardy
if he is allowed to be subjected to a fresh trial on the same charge.

 

In September 2021, Inyang Ekwo, judge of a federal high
court, held that the supreme court did not specifically order that Kalu should
be retried.

 

“He cannot be retried safe with an order of the supreme
court,” the judge held.

 

Ekwo, however, held that since the apex court specifically
ordered that the case file of Udeogu be returned to the federal high court, the
EFCC can proceed with his retrial.

Source: Appeal court blocks FG’s bid to retry Orji Kalu

 - NigerianEye
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