Appeal Court forbids Nigerian Govt. from retrying Kalu
The Court of Appeal has in a ruling delivered on Wednesday barred the Federal Government from retrying Senator Orji Kalu for corruption. Three justices, led by J. O. K. Oyewole, unanimously faulted the record of appeal the FG had transmitted to it.
The implication of the faulty transmission of records negates the court’s rules, according to the justices. The said documents were not stamped and properly addressed.
TheCornet reports that the federal government sued Kalu and his firm for stealing N7.1billion belonging to Abia state.
The court ruled that Kalu was guilty and consequently imprisoned him for 12 years. Also convicted was Kalu’s company, Slok Nigeria Limited, and one Jones Udeogu, a former director of finance in Abia state when Kalu was governor, from 1999-2007.
However, Udeogu appealed to the Supreme Court, which quashed his conviction and ordered a retrial.
Kalu has insisted his retrial would make him suffer double jeopardy.
According to Kalu, “the unassailable position of the law is that 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.
“The trial of the applicant, having been pronounced a nullity by the Supreme Court in its judgment dated the 8th day of May, 2020, and without more, cannot entitle the EFCC to institute the same charge against the applicant.”
