Former Abia state Governor, Senator Orji Uzor Kalu, on Tuesday brought an application before the Federal High Court Abuja, seeking an order of court to strike out his name and that of his company, Slok Nigeria Ltd from the N7.1billion fraud charge levelled against him by the Economic and Financial Crimes Commission.
Kalu’s lawyer, Ikoro N. Ikoro said the application was predicated on the judgement of Justice Inyang Ekwo of the Federal High Court, delivered on September 29, 2021, which bared the Federal Government from retrying the former governor.
Kalu, who is currently representing Abia North Senatorial District and the Chief Whip of the Senate said the application was necessary so as to formally strike out his name and his firm Slok from the charge sheet.
Kalu also , brought another application through his lawyer seeking an order of court to direct the EFCC to unfreeze his bank account.
Both applications were not heard on Tuesday as the counsel said he would formally respond to EFCC objection that was served on them late on Monday.
However, the scheduled re – arraignment of the former Commissioner of Finance Abia state, Jones Udeogu, whom the court had ordered his retrial as well as hearing of all pending applications could not go on.
Because Slok’s counsel, Chief Chris Uche (SAN), and Kalu’s lawyer informed the court that the EFCC’s counsel, Rotimi Jacob (SAN), served his response to their applications that they served on him since October 2021, on Monday January 10, 2022.
Ikoro and Uche expressed dismay over EFCC lawyer decision to wait to serve his counter affidavit on Monday night, when he had more than three months . Both lawyers said they needed time to reply.
In view of the foregoing, the trial judge, Justice Inyang Ekwo adjourned with the consensus of parties to March 10, for hearing of Kalu and Slok’s applications as well as EFCC’s motion on notice seeking transfer of the matter to Lagos.
Justice Ekwo had on September 29, 2021, stopped the Federal Government from retrying Orji Uzor Kalu, over the alleged N7.1 billion fraud.
Recalled that Kalu was charged alongside his firm, Slok and Udeogu, and while the duo were convicted and sentenced for 12 years, the company was wound up.
While both were serving their jail terms, Udeogu went on appeal at the Supreme Court.The apex court quashed their sentences and the judgment on the ground that the judge who delivered the judgment lacked jurisdiction as he was moved from the bench of the Court of Appeal to deliver the judgment at the trial Federal High Court Lagos.
But the apex court ordered a retrial of the case at the Federal High Court. Last October Federal High Court in Abuja ruled that since Kalu was not mentioned in the judgment of the Supreme Court, which nullified the convictions and judgment and ordered a retrial, the same judgment did not apply to Kalu .
The judge also reasoned that it was only the former Commissioner of Finance in Abia Government House, Jones Udeogu, that could be re-tried as only his name was mentioned in the Supreme Court judgment.
The matter has been adjourned to March 10,2022 for hearing.