The Federal Government has secured the green light to challenge a ruling that barred the Economic and Financial Crimes Commission (EFCC) from retrying former Abia State Governor, Senator Orji Uzor Kalu, over an alleged N7.1 billion fraud.
In a significant ruling on Friday, the Court of Appeal in Abuja granted FG an extension of time to file an appeal against the 2021 judgment of the Federal High Court, which had stopped Kalu’s retrial.
Kalu, who governed Abia State from 1999 to 2007, was initially convicted and sentenced to 12 years in prison by the Lagos Federal High Court alongside his company, Slok Nigeria Limited, and a former Abia State finance director, Jones Udeogu. However, the Supreme Court later overturned the conviction, ruling that the trial judge, Justice Mohammed Idris, had been elevated to the Court of Appeal before delivering the judgment, making the entire process null and void.
Following this ruling, the EFCC moved to retry Kalu, but he challenged the attempt, arguing that a fresh trial would amount to “double jeopardy.” The Federal High Court agreed with him, barring the anti-graft agency from reopening the case in 2021.
The latest twist came when the Court of Appeal initially struck out FG’s appeal on technical grounds, citing defects in the transmitted records. Dissatisfied, FG escalated the case to the Supreme Court, which ruled in its favor on Friday, declaring that the appeal was valid and that technical errors should not stand in the way of justice.
With this ruling, FG now has 14 days to formally file its appeal, paving the way for a potential retrial of the former governor.
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