Orji Kalu Seeks Court Protection From EFCC

Orji Uzor Kalu: What happened in court on Tuesday in EFCC case against  Senator - Daily Post Nigeria

Moses Ofodeme

Former Abia State Governor, Sen. Orji Uzor Kalu, who is current Chief Whip of the Senate on Tuesday, February 2, asked the Federal High Court, Abuja, to stop the Economic and Financial Crimes Commission, EFCC, from retrying him.

Kalu wants the court to prohibit the anti-graft agency from retrying him on the same alleged money laundering charges the agency had tried him on, which he was eventually convicted and sentenced to prison for 12 years.

In a motion ex parte moved before Justice Inyang Ekwo, Kalu contended that having been tried; convicted; and sentenced on the same charge FHC/ABJ/CR/56/ 2007, by the court; it would amount to double jeopardy if he was subjected to a fresh trial on the same charge.

In the motion, which was moved by his counsel, Prof. Awa Kalu, SAN, Kalu asked for an order prohibiting the Federal Government, through the EFCC from retrying him.

“An order granting leave to the applicant to apply for an or of prohibition, prohibiting the Federal Government, the EFCC, (her agent), her officers, servants, others, agents, privies and any other person or bodies deriving authority from the Federal Government, from retrying him on charge No.FHC/ABJ/CR/56/2007 between FRN vs Orji Uzor Kalu & two 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.

“An order prohibiting the Federal Government, through the EFCC (her agent); her officers; servants; others; agents, privies and any other person or bodies deriving authority from the Federal Government, from retrying, harassing and intimidating him with respect to the charge as concerns charge No: FHC/ABJ/CR/56/2007 between FRN vs Orji Kalu and two others or any other charge based on same facts as he need not suffer double jeopardy.”

He further asked that his application if granted should operate as a stay of proceedings; until the determination of the application or until the judge orders otherwise.

Justice Ekwo adjourned the hearing of the ex parte motion until February 8.

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