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₦7.1 Billion Fraud: Why EFCC Must Stop My Fresh Trial - Orji Kalu - Politics - Nairaland

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₦7.1 Billion Fraud: Why EFCC Must Stop My Fresh Trial - Orji Kalu by BleedingPen: 1:29pm On Feb 08
The Abuja division of the Federal High Court on Monday gave a former Abia State Governor and Senate Chief Whip, Dr. Orji Kalu the permission to challenge his retrial by the Economic and Financial Crimes Commission (EFCC) on alleged money laundering charges.

Consequently, Justice Inyang Ekwo has ordered that the planned re-arraignment of the politician in the alleged N7.1billion money laundering charges be put on hold until the resolution of the legal questions raised against his retrial.

In a motion exparte which was moved an argued by his counsel, Prof. Awa Kalu (SAN), Igbere TV reports that Senator Kalu asked for an order of Court prohibiting the EFCC from retrying him on same alleged money laundering charges against him.

He contented that having been tried, convicted and sentenced in the same charges FHC/ABJ/CR/56/2007, by the court by Justice M.B. Idris, it will amount to double jeopardy if is subjected to a fresh trial on same charge.

Justice Ekwo in his ruling, granted leave to Kalu to seek 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 driving authority from the Federal Republic of Nigeria, from retrying him on charge No. FHC/ABJ/CR/56/2007 between FRN vs Orji Kalu & 2 ors 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 Republic of Nigeria, through the EFCC (her agent), her officers, servants, others, agents, privies and any other person or bodies driving authority from the Federal Republic of Nigeria, from retrying, harrassing and intimidating him with respect to the charge as concerns charge No: 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.

The court further ordered that the leave should operate as a stay of proceedings until the determination of the application.

Justice Ekwo in his ruling held that the applicant who is fully clothed with the locus standi has placed sufficient materials in his supporting affidavits to warrant the court to exercise it's discretion in his favour.

"Leave is at the discretion of the court under order 34(2) of the Federal High Court. In granting leave, there must be sufficient material fact placed before the court by the applicant to enable it exercise it's discretion judicially and judiciously.

"The averrements in the affidavit in support of the motion are about the applicant who has demonstrated sufficient interest to cloth him with a locus standi to bring the action.

"By section 34 (9) of the constitution, no person who shows that he has been tried by any court of competent jurisdiction or tribunal for a criminal and either convicted or acquitted shall again be tried for that offence having the same ingredients as that offence serve upon the order of a competent court."

Meantime, the court gave Kalu seven days to file and serve his process to the EFCC and adjourned the case to February 23 for mention

In his supporting affidavit deposed in support of his motion, Senator Kalu chronicled the historical background of the trial from his first arrangement and re-arraignment in 2016 and 2017, before the Abuja division of the Federal High Court after the initial charges were amended by the EFCC.

He further narrated how his application to quash the charges was not granted by both the trial court, the Court of Appeal and the Supreme Court.

Kalu told the court that following an application by the EFCC, to the Chief Judge of the Federal High Court, the charge was transferred to the Lagos division of the court and was assigned to Justice M.B. Idris (now a Justice of the Court of Appeal).

That upon the transfer of the charge to Lagos, he bore the cost of movement of his entire legal team from Abuja to Lagos including the cost of accommodation up till judgment.

Senator Kalu disclosed that at the trial, the prosecution called a total of 19 witnesses and thereafter, closed it's case, necessitating him together with other defendants to enter individually and respectively a no case submission.

He stated how midway through the trial, Justice Idris was elevated to the Court of Appeal as a Justice of the Court and subsequently took the oath of office and subscribed to the oath of Allegiance on June 22, 2018 and lost his position as a Judge of the Federal High Court.

The applicant also narrated how by a Fiat dated July 2, 2018, issued under the hand of the President of the Court of Appeal, Justice Idris was directed to return to the Federal High Court to conclude the trial, then part-heard in charge no: FHC/ABJ/CR/56/2007, between FRN vs Orji Kalu and 2 ors.

That in his judgment on December 5, 2019, Justice Idris convicted and sentenced him with respect to the extant charge.

That following his conviction and sentence, he was incarcerated at the Kuje Correctional Centre where he served part of his term having first spent a few days in the Ikoyi Correctional Centre.

That on May 8, 2020, the Supreme Court in judgment in appeal No: SC.62C/2019, Udeh Jones Udeogu vs FRN & 2 ors, held that the trial of the appellant at the trial court was conducted without jurisdiction and thereby ordered the retrial of the appellant (Udeh Jones Udeogu) without reference to him.

He argued that there is no extant ruling or judgment of a competent court in Nigeria ordering his trial having regard to the fact that the Supreme Court excluded him from the explicit order for retrial arising from charge No: FHC/ABJ/56/2007.

That the unassailable position of the law is that no person who shows that he has been tried by any court of competent jurisdiction or tribunal for a criminal and either convicted or acquitted shall again be tried for that offence having the same ingredients as that offence serve upon the order of a competent court.

That his trial having been pronounced a nulity by the Supreme Court in it's judgment of May 8, 2020 and without more cannot entitle the EFCC to institute the same charge against him.


After listening to Awa Kalu (SAN), Justice Kwo reserved ring till Monday, February 8, 2021.

While Prof. Awa Kalu (SAN) led the defence team of Senator Kalu, Chief Solomon Akuma (SAN) and K.C. Nwafor appeared for Udeh Jones Udeogu and Slok Nigeria Ltd respectively.

Meanwhile, the EFCC is seeking the transfer of the trial from Abuja to the Lagos division of the court.

When the case was called up, the prosecution counsel, Mr. Chile Okoroma informed the Judge of a letter by his client, seeking the transfer of the case to the Lagos division of the court.

He said that the request is predicated on previous decision of the Federal High Court and the Court of Appeal which held that "no element of defense in the charge took place in Abuja".

Okoroma accordingly urged the court to adjourned the matter indefinitely (sine dine) pending the decision of the Chief Judge.

However, trial judge, Justice Inyang Ekwo declined adjourning indefinitely and fixed June 7 for report on the decision of the Chief Judge.

https://igberetvnews.com/1381776/breaking-court-stops-retrial-orji-kalu/

1 Like

Re: ₦7.1 Billion Fraud: Why EFCC Must Stop My Fresh Trial - Orji Kalu by BleedingPen: 1:29pm On Feb 08
Lalasticlala

1 Like

Re: ₦7.1 Billion Fraud: Why EFCC Must Stop My Fresh Trial - Orji Kalu by EmeraldKing7(m): 1:31pm On Feb 08
Thief still get mouth to talk

11 Likes 1 Share

Re: ₦7.1 Billion Fraud: Why EFCC Must Stop My Fresh Trial - Orji Kalu by andyblinks: 1:31pm On Feb 08
be like this man na thieve, many charges against him.
he is only getting luck cos he is In APC but still luck fit run am out.




EmeraldKing7:
A
A is Apple
Re: ₦7.1 Billion Fraud: Why EFCC Must Stop My Fresh Trial - Orji Kalu by triple996(m): 2:21pm On Feb 08
Waooo
Ipob will not come and takle these one now soo
They can blame buhari but won't blame the people that turn aba to wastebin of Africa
Re: ₦7.1 Billion Fraud: Why EFCC Must Stop My Fresh Trial - Orji Kalu by blinking001(m): 3:26pm On Feb 08
Ipobians wont like this...developers and fraud are like 5 and 6...

Re: ₦7.1 Billion Fraud: Why EFCC Must Stop My Fresh Trial - Orji Kalu by blamingthedevil: 3:27pm On Feb 08
Abia State
Re: ₦7.1 Billion Fraud: Why EFCC Must Stop My Fresh Trial - Orji Kalu by Nobody: 3:28pm On Feb 08
I’m from Abia state but this man and his cronies stole Abia state dry.

I was so happy when he was jailed
TA Orji
Ikpeazu
Ikuku ( TA orji’s son )
Past and present senators and house members ( maybe except Enyinnaya Abaribe ( thunder will fire this one small) )

God will surely punish all of you! sad angry

And when I achieve my political ambitions, I’m building a special prison for all of yousad
That is after stripping you all the monies you have dubiously taken from the people of Abia.

*spits on their greed filled heads*

16 Likes 2 Shares

Re: ₦7.1 Billion Fraud: Why EFCC Must Stop My Fresh Trial - Orji Kalu by peteradamu: 3:28pm On Feb 08
k
Re: ₦7.1 Billion Fraud: Why EFCC Must Stop My Fresh Trial - Orji Kalu by sommy03(m): 3:29pm On Feb 08
The real Criminals... :oThe real Criminals...
Re: ₦7.1 Billion Fraud: Why EFCC Must Stop My Fresh Trial - Orji Kalu by Flexherbal(m): 3:29pm On Feb 08
When good men fold their hands and do nothing, evil flourishes

1 Like

Re: ₦7.1 Billion Fraud: Why EFCC Must Stop My Fresh Trial - Orji Kalu by Antoeni(m): 3:29pm On Feb 08
Are you to dictate for EFCC?
Re: ₦7.1 Billion Fraud: Why EFCC Must Stop My Fresh Trial - Orji Kalu by The5DME(m): 3:30pm On Feb 08
Idgaf.

1 Like

Re: ₦7.1 Billion Fraud: Why EFCC Must Stop My Fresh Trial - Orji Kalu by onoms4luv(m): 3:30pm On Feb 08
Kalu you're going to jail again, forget all this delay tactics... You must go back to where criminals belong.
Re: ₦7.1 Billion Fraud: Why EFCC Must Stop My Fresh Trial - Orji Kalu by Tvoice: 3:30pm On Feb 08
Na wa ooO , dis wan still see mouth take dey talk ? hmmmmmm
Re: ₦7.1 Billion Fraud: Why EFCC Must Stop My Fresh Trial - Orji Kalu by Balistic4: 3:31pm On Feb 08
you guys should keep entertaining Nigerians, clowns grin grin grin grin
Re: ₦7.1 Billion Fraud: Why EFCC Must Stop My Fresh Trial - Orji Kalu by tiswell(m): 3:31pm On Feb 08
The way some people amassed our common wealth to themselves ehn!!

1 Like

Re: ₦7.1 Billion Fraud: Why EFCC Must Stop My Fresh Trial - Orji Kalu by careytommy37(m): 3:32pm On Feb 08
You must go back to jail grin efulefu
Re: ₦7.1 Billion Fraud: Why EFCC Must Stop My Fresh Trial - Orji Kalu by NaijaFutbol: 3:32pm On Feb 08
grin
Re: ₦7.1 Billion Fraud: Why EFCC Must Stop My Fresh Trial - Orji Kalu by southniyikaye(m): 3:32pm On Feb 08
HE WASN'T SUPPOSED TO BE SENTENCED IN THE FIRST PLACE, THEY SHOULD HAVE HANGED HIM.. CORRUPTION THRIVED EXTREMELY IN THIS BUHARIS ERA.

2 Likes

Re: ₦7.1 Billion Fraud: Why EFCC Must Stop My Fresh Trial - Orji Kalu by hopevalley: 3:32pm On Feb 08
Booked
Re: ₦7.1 Billion Fraud: Why EFCC Must Stop My Fresh Trial - Orji Kalu by Amspecial: 3:33pm On Feb 08
grin
Re: ₦7.1 Billion Fraud: Why EFCC Must Stop My Fresh Trial - Orji Kalu by OgbanjeProphet: 3:34pm On Feb 08
Didn't you steal the money

Going to prison twice for stealing 7 billion Naira is deserving.

1 Like

Re: ₦7.1 Billion Fraud: Why EFCC Must Stop My Fresh Trial - Orji Kalu by shiki(m): 3:35pm On Feb 08
cheesy The man no even get shame at all

1 Like

Re: ₦7.1 Billion Fraud: Why EFCC Must Stop My Fresh Trial - Orji Kalu by adesegun121(m): 3:35pm On Feb 08
Ok
Re: ₦7.1 Billion Fraud: Why EFCC Must Stop My Fresh Trial - Orji Kalu by hopevalley: 3:36pm On Feb 08
Dr. Orji Uzo Kalu will come out clean. Is this not Nigeria? Just click on the first link on my signature to master how you will be making millions of naira from export business.

1 Like

Re: ₦7.1 Billion Fraud: Why EFCC Must Stop My Fresh Trial - Orji Kalu by Stallion93(m): 3:36pm On Feb 08
Did he buy Bitcoin with such huge stolen money? Answer is No, So what’s the rational banning crypto??!

1 Like

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