FG Cleared to Appeal Orji Kalu’s N7.1bn Fraud Case Stoppage

The Court of Appeal in Abuja has permitted the Federal Government to challenge a ruling that blocked the Economic and Financial Crimes Commission (EFCC) from reviving 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 granted an extension of time for the FG to file processes aimed at overturning the Federal High Court’s September 29, 2021, judgement. This ruling had prevented the EFCC from prosecuting Kalu, who currently represents Abia North in the Senate.

Kalu, who governed Abia State from 1999 to 2007, was initially convicted and sentenced to 12 years in prison by the Lagos Division of the Federal High Court. He was found guilty alongside his company, Slok Nigeria Limited, and a former Director of Finance in the state, Jones Udeogu, for allegedly embezzling N7.1 billion from the Abia State treasury.

However, the Supreme Court later overturned Udeogu’s conviction, citing procedural errors. It ruled that trial Justice Mohammed Idris, who delivered the initial judgement, had been elevated to the Court of Appeal at the time, thus lacking the authority to act as a High Court judge.

Following Udeogu’s successful appeal, Kalu applied for release from the Kuje Correctional Center, where he was serving his sentence. After his release, the EFCC sought to retry him and his co-defendants, prompting Kalu and Slok Nigeria Limited to file separate suits opposing the move.

Kalu contended that a retrial would amount to “double jeopardy” since he had already been convicted and sentenced for the same charges. He further argued that the Supreme Court’s nullification of Udeogu’s trial did not automatically apply to him.

On September 29, 2021, Justice Inyang Ekwo of the Federal High Court ruled in Kalu’s favor, blocking the EFCC from reopening the case. The FG appealed this decision, but on March 6, 2024, the Court of Appeal struck out the case due to technical flaws in the FG’s transmitted records.

Undeterred, the FG escalated the matter to the Supreme Court, which ruled in its favor on Friday. Delivering the verdict, Justice Ishaq Sanni dismissed Kalu’s objections, stating that the previous appellate court decision hinged on technicalities and did not address the merits of the case.

The Supreme Court validated the FG’s right to seek an extension, given that the three-month deadline for filing an appeal had passed. The FG now has 14 days to file its notice of appeal, potentially reopening the legal proceedings against the former governor.