The Economic and Financial Crimes Commission (EFCC) has filed an appeal after a Federal High Court in Abuja stopped the re-trial of Senator Orji Kalu.
The former Abia State governor was convicted of N7 billion fraud last year and sentenced to 12 years imprisonment. But the Supreme Court nullified the sentencing based on faults found in the proceedings and ordered re-trial.
The lawmaker later got a court order barring the EFCC from opening a re-trial.
However, the EFCC has now filed appeal on nine grounds against the September 29, 2021 ruling of Justice Inyang Ekwo of the Federal High Court in Abuja stopping it from prosecuting Kalu afresh.
The commission similarly filed a separate notice of appeal on seven grounds in respect of Kalu’s firm, Slok Nigeria Limited, which the judge also shielded from re-trial.
EFCC’s counsel Rotimi Jacobs, in the two separate notices of appeal dated October 11, 2021, faulted Justice Ekwo’s reasoning which suggested that Kalu’s re-trial would amount to double jeopardy.
“The lower court excluded the most relevant evidence before it so as to shield the first respondent from criminal prosecution,” the EFCC said in its particulars of error faulting the ruling.
The EFCC challenged the trial court for holding that Kalu could not be tried again by the Federal High Court on the grounds that the Supreme Court did not order his re-trial because it was his co-defendant that filed the appeal at the apex court in the first place.
