Chief Whip of the Senate, Orji Uzor Kalu, has asked the Federal High Court, Abuja, to stop the Economic and Financial Crimes Commission (EFCC) from retrying him.
Kalu wants the court to prohibit the anti-graft agency from retrying him on the same alleged money laundering charges the agency had tried him on, which he was eventually convicted and sentences to prison for 12 years, but later quashed by the Supreme Court after six months.
In a motion ex-parte moved before Justice Inyang Ekwo, Kalu contented that having been tried, convicted and sentenced on the same charge FHC/ABJ/CR/56/ 2007, by the court, it would amount to double jeopardy if he was subjected to a fresh trial on the same charge.
In the motion, which was moved by his counsel, Prof. Awa Kalu(SAN), the Senator asked for an order prohibiting the Federal Government, through the EFCC from retrying him.
“An order granting leave to the applicant to apply for an or of prohibition, prohibiting the Federal Government, the EFCC, (her agent), her officers, servants, others, agents, privies and any other person or bodies deriving authority from the Federal Government, from retrying him on charge No.FHC/ABJ/CR/56/2007 between FRN vs Orji Uzor Kalu & two others 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 Government, through the EFCC (her agent), her officers, servants, others, agents, privies and any other person or bodies deriving authority from the Federal Government, from retrying, harassing and intimidating him with respect to the charge as concerns charge No: FHC/ABJ/CR/56/2007 between FRN vs Orji Kalu and two others or any other charge based on same facts as he need not suffer double jeopardy.
– Media Report