Alleged N7.1bn Fraud: Appeal Court grants FG permission to move against Orji Kalu

The Court of Appeal in Abuja has granted the Federal Government permission to contest a ruling that previously prevented the Economic and Financial Crimes Commission (EFCC) from reopening the trial of former Abia State Governor, Senator Orji Uzor Kalu.

In two separate decisions delivered by a three-member panel of justices, the appellate court extended the time frame for the government to file an appeal against the September 29, 2021, judgment of the Federal High Court in Abuja, which blocked Kalu’s retrial.

Kalu, who served as Abia State governor from 1999 to 2007 and now represents Abia North in the Senate, was initially convicted by the Federal High Court in Lagos and sentenced to 12 years in prison. He was found guilty alongside his company, Slok Nigeria Limited, and a former Abia State finance director, Jones Udeogu, over allegations of misappropriating N7.1 billion from state funds.

However, the Supreme Court overturned Udeogu’s conviction and ordered a retrial, citing that the trial judge, Justice Mohammed Idris, had been elevated to the Court of Appeal and, therefore, lacked jurisdiction to preside over the case.

Based on this ruling, Kalu, who had already begun serving his sentence, sought his release from prison. Shortly after his release, the EFCC attempted to re-arraign him and his co-defendants.

Kalu challenged the retrial, arguing that it would subject him to “double jeopardy.” His legal team asserted, “The unassailable position of the law is that no person who has been tried and either convicted or acquitted should be prosecuted again for the same offence, except under the order of a competent court.”

On September 29, 2021, Justice Inyang Ekwo of the Federal High Court ruled in Kalu’s favour, barring the EFCC from pursuing the case further.

The Federal Government then appealed the decision, but the appellate court, on March 6, 2024, halted the retrial, citing procedural flaws in the records submitted by the prosecution.

Dissatisfied with the ruling, the Federal Government took the case to the Supreme Court, which on Friday ruled in its favour. Justice Ishaq Sanni, delivering the judgment, dismissed the objections raised by Kalu’s legal team, stating that the appellate court’s earlier decision was based on technical grounds rather than the merit of the case.

The Supreme Court further ruled that the Federal Government was justified in seeking an extension of time for its appeal, as the three-month period allowed for filing had elapsed. The court granted the government 14 days to submit its notice of appeal, potentially reopening the case against the former governor.