A Federal High Court in Abuja has stopped the Federal Government and the Economic and Financial Crimes Commission from the retrial of a former governor of Abia State, Orji Uzo Kalu, over alleged money laundering.
Kalu had on December 5, 2019 been sentenced to 12-year imprisonment by a Federal High Court in Lagos, alongside Jones Udeogu and his company, Slok Nigeria Ltd, in 39-count allegations of money laundering to the tune of N7.6bn during his tenure between 1999 and 2007.
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Justice Inyang Ekwo on Wednesday ruled that the moves to file fresh charges against Kalu after his conviction and sentence and subsequent Supreme Court acquittal alongside his company, Slok Nigeria Ltd, would amount to double jeopardy.
The court upheld the ex-governor’s submission and ordered the retrial of a former Commissioner of Finance in the state, Jones Udeogu, who was earlier convicted along with Kalu.
Meanwhile, the EFCC, in a statement on Wednesday by its spokesman, Wilson Uwujaren, said it would appeal the ruling.
The commission said the judge erred in the ruling as Section 36(9) of the 1999 constitution is applicable only where the previous judgment was by a court of competent jurisdiction.
The statement read: “In this case, the apex court had in the said judgment described the process that led to the conviction of Kalu as a nullity because the Judge came from the Court of Appeal to decide the matter.
“The commission further avers that the court erred in its ruling that the Supreme Court did not order the retrial of Kalu; that it amounts to cherry-picking for Kalu to profit from the decision of the Apex court nullifying the conviction of his co-defendant, Ude Udeagu but is not prepared to face the burden of retrial.’’
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