Alleged N7.1bn Fraud: Court to Decide on Stopping Kalu’s Retrial September 20

Alex Enumah in Abuja

Justice Inyang Ekwo of the Abuja Division of the Federal High Court, will on September 20 decide whether he will stop the planned retrial of former Abia State governor, Senator Orji Kalu in an alleged N7.1 billion fraud suit.

Justice Ekwo yesterday adjourned to the said date for judgment after Kalu and the Economic and Financial Crimes Commission (EFCC) adopted all processes filed for and against the suit.

Kalu, who represents Abia North Senatorial District in the Senate by the suit is seeking to stop his retrial in a N7.1 billion money laundering charges on the grounds that he had been tried, convicted and imprisoned over the same charge.

In adopting his process, Kalu’s lawyer, Professor Awa Kalu, SAN, informed the court that his client stood for trial for 12 years got judgment that convicted and jailed for him 10 years.

The senior lawyer insisted that the former governor having served a period of jail term would be subjected to double jeopardy if allowed by the court to be put on trial for the second time.

He cited section 36 (9) of the 1999 constitution which stipulates that no Nigerian shall be subjected to double jeopardy, to support his submission.

Professor Kalu produced and read the Supreme Court judgment upon which the ex-governor was released after five months in prison, adding that there was nowhere in the judgment where the apex court made order for the former governor’s trial.

The defense lawyer who asked the EFCC to point out to the court where order for retrial was made against the Kalu, urged the court to prohibit the anti-graft agency from going ahead with the planned retrial.

Responding, the EFCC noted that the judgment that led to the release of Kalu had been declared a nullity by the Supreme Court which also ordered retrial of the appellant in the matter Mr. Udeh Jones who stood trial with Kalu in the same charges.

EFCC’s counsel, Mr. Rotimi Jacobs, SAN, argued that since the Supreme Court order benefitted Kalu, he must bear the burden that arose from the apex court verdict.

Jacobs described Kalu’s suit as approbating and reprobating at the same time, adding that the suit is frivolous, irritating and should be dismissed.

He also urged the court to order Kalu to face retrial.

In a short ruling, Justice Ekwo fixed September 20 for judgment in the matter.

Specifically, Kalu is seeking an order of court prohibiting the federal government, through the EFCC, its officers, servants, others, agents, privies and any other person or bodies deriving authority from the Federal Republic of Nigeria, from retrying him on charge No. FHC/ABJ/CR/56/2007 between FRN vs Orji Kalu & 2 ors, or any other charge based on the same facts de novo, there being no extant judgment and ruling of a competent court in Nigeria mandating same.

‘Run Army of All Nigerians, not Fulani Herdsmen’

Worried by myriad of media reports of involvement of men and officers of the Nigerian Army in providing private armed security services to Fulani herdsmen in Enugu, Ondo, Kaduna and many states, a rights body, Human Rights Writers Associatoon of Nigeria (HURIWA) has charged the Nigerian Army to restore full professionalism in the military institution.

According to the group, the direct involvement of the Armed forces in providing security services for the Fulani herdsmen specifically and the failure of the security forces to combat rising incidence of armed Fulani violence in many communities, had painted the Army as that of Fulani herdsmen.

Besides, the Rights group said it was encouraging that the new Army Chief Major General Faruk Yahaya has personally pledged to the Rights group through a letter of the readiness of the Army hierarchy to uphold professionalism and competent services to the fatherland.

A statement by the National Coordinator, Comrade Emmanuel Onwubiko, and the National Media Affairs Director, Miss Zainab Yusuf, charged the Army authorities to refocus the modus operandi of the military to have national outlook and to desist from portraying the Army as an entity that is primarily devoted to providing selective private security services to Fulani herdsmen community in Nigeria.

HURIWA specifically urged the Chief of Army Staff to put to an end the practice of deployment of military troops to follow Fulani herdsmen all around just as the Rights group said apart from diluting the essence of the military institution, the unconstitutional practice of using the Nigerian Army as private security guards of private Fulani herdsmen was at variance with the Fundamental Objectives of setting up the military which is to safeguard the territorial integrity of Nigeria.

HURIWA condemned the reported invasion of two communities in the Nkanu East and Nkanu West local councils of Enugu State by the Army in company of Fulani herdsmen as soon as the community reportedly expelled the herders for allegedly destroying their farms just as the villagers told the media that the invasion might not be unconnected with the recent sacking of herdsmen who were terrorising the area.

HURIWA cited media reports as stating that some also believed that the invasion could be the directive of the Presidency to security agencies to hunt down Biafran agitators in the South-east region. The Rights group said the soldiers invaded Ekpoffo on Wednesday and whisked away some youths to unknown destinations.

The Rights group further recalled the incidence in Ogun State whereby the Army troops were seen by villagers escorting Fulani herdsmen with the cattle even as a traditional ruler in Ogun State Oba Akinyemi reportedly urged the state government to intervene and resolve the matter once and for all. He said the soldiers had usurped the role of the police in the matter

HURIWA said, “the case invading State has completely destroyed the National brand of the Nigerian Army which is being presented as armed guards of Fulani herdsmen to a point that one Samuel Aruwan ,Commissioner, Ministry of Internal Security and Home Affairs, Kaduna State, said on that the herders – Zakariya Ahmadu and Abubakar Kofar – were attacked while grazing their cattle in the village. The troops in conjunction with the Special Forces of the Nigerian Air Force, responded to a distress call and rescued both herders with their 200 cattle, handing them over to their employer, one Alhaji Alhamdu. No harm came to the herders or cattle.”