The Economic and Financial Crimes Commission (EFCC) has protested the ruling of an Abuja Federal High Court, which stopped the retrial of Senator Orji Uzor Kalu, over alleged N.7bn fraud.
The court on Wednesday ordered the federal government and its agency-EFCC, not to retry the former governor of Abia State on the N1.7 billion fraud case he was earlier convicted.
Justice Inyang Ekwo made the order while delivering judgment on the application filed by Kalu seeking to stop his retrial.
In the the ruling, the judge said it would would amount to double jeopardy if he faces the same trial again after he was released from prison.
The judge held that there was no extant order that directed for retrial of Kalu, noting that the judgment of the Supreme Court did not affect the ex-governor.
However, the Court ordered for retrial of Abia:s former Commissioner of Finance, Jones Udeogu who was convicted along with Kalu.
Meantime, the EFCC has vowed to appeal against Wednesday’s ruling.
EFCC said in a statement that the judge, Ekwo, erred in his application of the law by failing to abide by the Supreme Court’s earlier order for a retrial in the case.
“EFCC believes the judge erred in this ruling as Section 36(9) of the 1999 constitution is applicable only where the previous judgment was by a court of competent jurisdiction.
“In this case, the apex court had in the said judgment described the process that led to the conviction of Kalu as a nullity because the judge came from the Court of Appeal to decide the matter,” EFCC’s statement signed by its spokesperson, Wilson Uwujaren, read in part.