The retrial of Orji Uzor Kalu, former Abia State governor, commenced Tuesday, as he opposed his trial for a second time on the same counts.
On its part, the Economic and Financial Crimes Commission (EFCC), which brought a N7.65b fraud against him, objected holding the retrial of the former governor and two others in the Abuja division of the Federal High Court instead of the Lagos division where the trial earlier trial held.
Orji and his company, Lagos-based Slok Nigeria Limited, along with a former Director of Finance in Abia State government, Jones Udeogu , were tried and convicted for fraud in 2019 on a 27-count charge brought against them by the EFCC, which accused them of accused of diverting the sum of N7.65billion belonging to the Abia State government.
On December 5, 2019, the Federal High Court, Lagos, sentenced Orji to 12 years’ imprisonment, and Udeogu to 10 years. The judge ordered that Slok should be wound up and its assets forfeited to the Nigerian Government.
However in a twist of events, in a judgment on May 8 2020, the Supreme Court, ruling in an appeal filed by Udeogu, set aside the trial, their conviction and ordered a re-trial at the Federal High Court. The Supreme Court held that the trial judge, Justice Mohammed Idris had ceased to be a judge of the Federal High Court at the time he delivered the judgment, since had been promoted to the Court of Appeal.
When the case came up on Tuesday before Justice Inyang Ekwo of the Federal High Court, Abuja, Chile Okoroma, counsel to the prosecution, informed the court that EFCC had written two letters to the Chief Judge of the court, and requested that the case be returned to the Lagos division, as ordered by the Supreme Court.
Orji’s lawyer, Awa Kalu (SAN) made an application seeking an order for his client to prohibit the Federal Republic of Nigeria, through the EFCC, its officers, servants, others, agents, privies and any other person or bodies deriving authority from the Federal Republic of Nigeria, from re-trying him afresh on the charge, marked: FHC/ABJ/CR/56/2007 between FRN vs. Orji Kalu & 2 ors, or any other charge based on the same facts, there being no extant judgment and ruling of a competent court in Nigeria mandating same.
Orji also sought 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 deriving authority from the Federal Republic of Nigeria, from re-trying, harassing and intimidating him with respect to the charge, marked: FHC/ABJ/CR/56/2007 between FRN vs Orji Kalu & 2 ors or any other charge based on same facts as he need not suffer double jeopardy.
According to Okoroma, the court that the Supreme Court, in an earlier judgment, directed the trial to hold in Lagos since the larger elements of the alleged offences were committed in Lagos State.
Okoroma insisted that holding the trial in Abuja would be a waste of time, and disobedience of the order of the Supreme Court.
He requested an indefinite adjournment of the case to enable the Chief Judge act on the letters by the prosecution, indicating the need for a transfer to Lagos in compliance with the order made by the Supreme Court.
Justice Ekwo declined Okoroma’s application for an indefinite adjournment, the judge fixed June 7 for parties to report on the Chief Judge’s decision on the EFCC’s request for a transfer to Lagos.
The judge also scheduled ruling on the application for Monday, February 8.
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