A Federal High Court in Abuja on Wednesday ruled against the Economic and Financial Crimes Commission from a retrial of the former Governor of Abia State Orji Uzor Kalu.
Justice Inyang Ekwo gave the order while delivering judgment in an application which was filed by the former governor seeking an order of the court prohibiting the EFCC from retrying him on a charge for which he had already been tried and convicted.
“An order is hereby made prohibiting the Federal Government through the EFCC from retrying the applicant (Kalu) on charge no. FHC/ABJ/CR/56/2007 since there was no order in the judgment of the Supreme Court for the retrial of Kalu,” the judge said.
Professor Awa Kalu SAN, counsel to the former governor while adopting his processes had informed the court that senator Kalu stood for trial for 12 years and got the judgment that convicted and jailed him for 10 years.
The senior counsel cited section 36 (9) of the 1999 constitution which stipulates that no Nigerian shall be subjected to double jeopardy to support his arguments.
