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Tuesday, October 26, 2021

Nw: Alleged N7.1Billion Fraud: Why we are able to appeal against ruling stopping Orji Kalu’s retrial

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The Financial and Financial Crimes Rate (EFCC) has vowed to appeal against Wednesday’s ruling of the Federal Excessive Courtroom in Abuja stopping the retrial of a mature Governor of Abia Assert, Orji Kalu, on N7.1billion fraud funds.

EFCC said in an announcement that the resolve, Inyang Ekwo, erred in his utility of the law by failing to abide by the Supreme Courtroom’s earlier dispute a retrial in the case.

“EFCC believes the resolve erred in this ruling as Half 36(9) of the 1999 constitution is suitable only where the previous judgment became once by a court docket of competent jurisdiction.

“In this case, the apex court docket had in the said judgment described the process that led to the conviction of Kalu as a nullity as a result of the resolve came from the Courtroom of Enchantment to resolve the subject,” EFCC’s disclose signed by its spokesperson, Wilson Uwujaren, study in part.

PREMIUM TIMES earlier reported that the court docket stopped EFCC from prosecuting Mr Kalu, a serving senator, despite a Supreme Courtroom’s judgment ordering a retrial of the N7.1 billion case in which he had been previously convicted and jailed 12 years.

He became once already serving the 12-year detention center time frame for the offences when the Supreme Courtroom, on 8 Can also 2020, nullified the complaints main to his and his co-defendants’ conviction.

The Supreme Courtroom’s judgment delivered on an appeal by Mr Kalu’s co-defendant, Ude Udeogu, had ordered a retrial at the Federal Excessive Courtroom.

Mr Kalu, who is the incumbent Chief Whip of the Nigerian Senate, got out of penal complicated in accordance with the apex court docket’s judgement, nonetheless rapid filed an utility ahead of the Federal Excessive Courtroom in Abuja to cease his retrial.

The resolve, Mr Ekwo of the Federal Excessive Courtroom in Abuja, in his ruling on the utility on Wednesday, said Mr Kalu is perchance not prosecuted for the explanation that Supreme Courtroom’s judgment possess an dispute for his retrial.

EFCC in its response argued that the resolve didn’t abide by the Supreme Courtroom’s decision.

It furthermore accused the resolve of cherry-selecting by giving develop to the apex court docket’s decision nullifying the previous conviction, nonetheless refusing to implement the component of the decision that ordered a retrial.

“The fee additional avers that the court docket erred in its ruling that the Supreme Courtroom didn’t dispute the retrial of Kalu; that it quantities to cherry-selecting for Kalu to earnings from the decision of the apex court docket nullifying the conviction of his co defendant, Ude Udeagu nonetheless isn’t willing to face the burden of retrial,” the disclose added.

The disclose added: “The Financial and Financial Crimes Rate will appeal the ruling this day by Justice Inyang Ekwo of the Federal Excessive Courtroom stopping the Rate from retrying a mature governor of Abia Assert, Senator Orji Uzor Kalu.”

READ EFCC’S FULL STATEMENT

EFCC Press Release

EFCC to Enchantment Courtroom Ruling on Orji Kalu’s Retrial

The Financial and Financial Crimes Rate will appeal the ruling this day by Justice Inyang Ekwo of the Federal Excessive Courtroom stopping the Rate from retrying a mature governor of Abia Assert, Senator Orji Uzor Kalu

Kalu became once serving a 12-year detention center time frame for N7.1billion fraud when the Supreme Courtroom, ruling on an appeal by Kalu’s co-defendant, Ude Udeogu, on 8 Can also 2020, nullified the complaints main to their conviction.

The Supreme Courtroom had ordered a retrial at the Federal Excessive Courtroom. But kalu who profited from the ruling to steady beginning from Kuje Correctional Centre, filed an utility ahead of the Federal Excessive Courtroom in Abuja to cease his retrial.

Ruling on the utility this day September 29, 2021, Justice Ekwo, granted the ex-governor’s put a query to on the grounds that the apex court docket’s judgment didn’t dispute the retrial of Kalu and that by advantage of Half 36 (9) of the 1999 constitution as amended, or Half 283 (2) of the ACJA (Administration of Criminal Justice Act), “no particular person can even furthermore be retried on the offence upon which he has been convicted”.

EFCC believes the resolve erred in this ruling as Half 36(9) of the 1999 constitution is suitable only where the previous judgment became once by a court docket of competent jurisdiction. In this case, the apex court docket had in the said judgment described the process that led to the conviction of Kalu as a nullity as a result of the Judge came from the Courtroom of Enchantment to resolve the subject.

The Rate additional avers that the court docket erred in its ruling that the Supreme Courtroom didn’t dispute the retrial of Kalu; that it quantities to cherry-selecting for Kalu to earnings from the decision of the Apex court docket nullifying the conviction of his co defendant, Ude Udeagu nonetheless isn’t willing to face the burden of retrial.

Wilson Uwujaren

Head, Media & Publicity

29 September, 2021

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