A former governor of Abia State and Senate Chief Whip , Orji Uzor Kalu on Tuesday asked a Federal High Court in Abuja to stop the Economic and Financial Crimes Commission from prosecuting him on the same offence of allegedly laundering N 7. 1 billion .
According to him , having been tried once by EFCC , convicted and sentenced in the same charges FHC/ABJ/CR/56/2007, it would amount to double jeopardy for him if subjected to a fresh trial on same charge.
Kaku in an ex -parte motion moved before Justice Inyang Ekwo by his counsel , Prof. Awa Kalu ( SAN) , pleaded with the court to rescue him from double jeopardy .
The politician further sought for an order of court stopping the Federal Republic of Nigeria , through the EFCC , its officers , servants , others , agents , privies and any other person or bodies from retrying him in the case with charge No . FHC/ABJ/CR/56/2007.
The ex – governor also applied for an order prohibiting the EFCC and other agencies of government from retrying , harassing and intimidating him with respect to the charge with Ref. No . FHC/ABJ/CR /56/2007 between FRN Vs Orji Kalu and two others or any other charge based on same facts as he need not suffer double jeopardy .
Kalu further asked that should his application be granted, it should operate as a stay of proceedings until the determination of the application or until the Judge otherwise orders .
Meanwhile, his arraignment slated for Tuesday was suspended as EFCC applied that his trial be transferred from Abuja to the Lagos Division of the FHC.
When the matter came up , the prosecution counsel , Chile Okoroma told Justice Ekwo that the EFCC had written two letters to the Chief Judge seeking for the movement of the trial to Lagos in compliance with a Supreme Court judgment .
While insisting that prosecuting Kalu in Abuja would amount to an exercise in futility and disobedience to Supreme Court order , the EFCC sought for an order that would ensure his arraignment at any time to allow the transfer of the case to Lagos , based on the letters to the Chief Judge of the Court .
But Justice Ekwo declined to grant indefinite adjournment and fixed June 7, 2021 for report of the Chief Judge on the transfer request .
