On Wednesday, the Federal High Court in Abuja, prohibited the Federal Government of Nigeria from retrying the former Governor of Abia State, Orji Uzor Kalu, who was previously charged with the offence of laundering N7.1 billion naira by the Economic and Financial Crimes Commission (EFCC).
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The reason the Abuja High Court prohibited the retrial of Mr Uzor Kalu was because the unassailable position of the Nigerian law is that no person who showed that he/she had been tried by any Court of competent jurisdiction on the tribunal of a criminal offence and earlier convicted or acquitted, shall be tried again for that same offence.
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According to a judgement delivered by Justice Inyang Ekwo, the Court held that the Supreme Court in its verdict passed on May 8, 2021, did not order for the retrial of either Kalu or his firm (Slok Nigeria LTD).
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Justice Inyang Ekwo made known that the Supreme Court only ordered for the retrial of the former Director of Finance in Abia State, Jones Udeogu, who was the appellant of the case.
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All this is happening because Mr Kalu had in the application he filed through his team of lawyers led by Chief Awa Kalu (SAN), urged that allowing the EFCC to retry him again on the charges and same facts upon which he was earlier convicted and sentenced on December 5, 2019, would make him to suffer a double jeopardy.
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Therefore, the trial of the Applicant having been nullified by the Supreme Court in its judgement dated on the 8th of May, 2020, cannot entitle the Economic and Financial Crimes Commission (EFCC) to institute the same charge against the Applicant.
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