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NEWS UPDATE: ‘Orji Kalu scared of retrial’ – ​EFCC vows to appeal court ruling

NEWS UPDATE: ‘Orji Kalu scared of retrial’ – ​EFCC vows to appeal court ruling

The Economical and Financial Crimes Commission (EFCC) will appeal the ruling by Justice Inyang Ekwo of the Federal High Judicature stopping the retrial of former Abia Governor, Uzor Kalu.

Kalu was serving a 12-year jail term for N7.1billion fraud when the Supreme Judicature, in a May 8, 2020, ruling on an appeal by Kalu’s co-defendant, Ude Udeogu, nullified the proceedings leading to their conviction.

The Supreme Judicature ordered a retrial at the Federal High Judicature. After his release from Kuje Correctional Centre, Kalu filed an application before the Federal High Judicature in Abuja to halt his retrial.

Justice Ekwo granted the Senator’s asking on the grounds that the apex tribunal’s judgment did not say a retrial.

The jurist cited Subdivision 36 (9) of the 1999 structure (as amended) and Subdivision 283 (2) of the ACJA (Administration of Criminal Justice Deed) that “no individual can be retried on the offence upon which he has been convicted”.

Wilson Uwujaren, EFCC Top dog of Media said the jurist erred in his ruling as Subdivision 36(9) of the 1999 structure is relevant only where the preceding judgment was by a tribunal of competent jurisdiction.

“In this example, the apex tribunal had in the said judgment described the physical process that led to the conviction of Kalu as a nullity because the Justice came from the Judicature of Appeal to determine the matter”, Uwujaren famous.

The EFCC insists that the tribunal was wrong in its ruling that the Supreme Judicature did not say the retrial of Kalu.

“It amounts to cherry-picking for Kalu to turn a profit from the choice of the Apex tribunal nullifying the conviction of his co accused, Ude Udeagu but is not prepared to face the burden of a retrial”, the spokesman added.

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