Alleged Money Laundering: Court Fixes April 20 To Hear Kalu’s Suit Against EFCC

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Hearing in the suit by former Governor of Abia State and Senate
Chief Whip, Senator Orji Kalu seeking to stop his retrial by the
Economic and Financial Crimes Commission (EFCC) on same alleged
money laundering charges has been adjourned to April 20.

The adjournment is predicated on the fact the EFCC, which is
listed as the first defendant in the suit, was not properly served
with the originating summons.

At the resumed hearing of the suit, Rotimi Jacobs who announced
appearance for the Commission on protest drew the attention of the
court to the fact that the originating summons was served on his
chambers instead of the EFCC.

He told Justice Inyang Ekwo that he was yet to be briefed by the
anti-graft agency as its counsel and it would amount to
professional misconduct to accept processes on the matter.

In his response, Professor Awa Kalu who appeared for Senator
Kalu said he has no problem serving the EFCC with the originating
summons.

Justice Ekwo accordingly adjourned the case to April 20 for
hearing and directed the applicant to serve the EFCC within seven
days.

The court had on February 8, 2021, granted leave to Senator Kalu
to challenge his retrial by the EFCC on the same charges upon which
he was sentenced and convicted.

Justice Inyang Ekwo thereafter, ordered that the planned
re-arraignment of Senator Kalu in the alleged ₦7.1billion
money-laundering charges be put on hold until the resolution of the
legal questions raised against his retrial.

In a motion exparte argued by his counsel, Senator Kalu asked
for an order of Court prohibiting the EFCC from retrying him on the
same alleged money laundering charges against him.

He contended that having been tried, convicted and sentenced the
on same charges a Federal High court presided over by Justice M.B.
Idris, it will amount to double jeopardy if he is subjected to a
fresh trial on the same charges.

Justice Ekwo in his ruling, granted leave to Senator 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 deriving 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 deriving authority from the
Federal Republic of Nigeria, from retrying, harassing and
intimidating him with respect to the charge as it 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 its
discretion in his favor.

“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
to exercise its discretion judicially and judiciously.

“The averments 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 offence and either convicted or acquitted
shall again be tried for that offence having the same ingredients
as that offence save upon the order of a competent court.”

In his supporting affidavit deposed in support of his motion,
Senator Kalu chronicled the historical background of the trial from
his first arraignment 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.

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 others.

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