The Court of Appeal in Abuja has granted the Federal Government permission to challenge a ruling that blocked the Economic and Financial Crimes Commission (EFCC) from retrying former Abia State Governor, Senator Orji Uzor Kalu, for alleged N7.1 billion fraud.
A three-member panel of justices approved an extension of time, allowing the FG to appeal the 2021 Federal High Court judgment that prevented Kalu’s prosecution.
Background: Kalu’s Conviction and Release
Kalu, who governed Abia State from 1999 to 2007, was convicted in 2019 and sentenced to 12 years in prison. The Lagos Federal High Court found him, his firm, Slok Nigeria Limited, and former finance director, Jones Udeogu, guilty of diverting state funds.
However, in 2020, the Supreme Court overturned Udeogu’s conviction. It ruled that Justice Mohammed Idris, who delivered the judgment, had already been elevated to the Court of Appeal. Since he lacked jurisdiction, the trial was invalid. Following this ruling, Kalu secured his release from prison.
Legal Battle Over Retrial
After his release, the EFCC attempted to retry him. In response, Kalu and his firm filed lawsuits, arguing that another trial would violate his constitutional protection against double jeopardy.
In 2021, Justice Inyang Ekwo of the Federal High Court ruled in Kalu’s favor and blocked the EFCC from reopening the case. The FG appealed, but in March 2024, the Court of Appeal struck out the case, citing technical flaws in the appeal documents.
Supreme Court Grants FG Another Chance
Determined to pursue the case, the FG approached the Supreme Court. On Friday, the court ruled in its favor. Justice Ishaq Sanni dismissed Kalu’s objections, stating that the previous dismissal was based on technical issues rather than the case’s merits.
The Supreme Court granted the FG 14 days to file a fresh appeal, clearing the way for a possible retrial. This decision strengthens the government’s efforts to prosecute corruption cases and recover public funds.
