The Court of Appeal in Abuja recently dismissed an appeal seeking the retrial of Orji Kalu, the former governor of Abia State, over charges of embezzling N7.1 billion. The decision hinged on a technicality: the trial records from the Federal High Court in Abuja were inadequately compiled and transmitted to the appellate court. Consequently, the three-member panel declared the appeal incompetent and struck it out.
Orji Kalu, currently a serving senator, had been convicted in December 2019 by a judge of the Federal High Court in Abuja and sentenced to 12 years in prison. However, in May 2020, the Supreme Court overturned the conviction, citing procedural irregularities. While the Supreme Court’s decision mandated a retrial for Kalu’s co-defendant, Ude Udeogu, it did not explicitly order Kalu’s retrial.
Following his release from prison based on the Supreme Court’s ruling, Kalu sought to prevent his retrial by filing an application at the Federal High Court in Abuja. The court, in a ruling by Judge Inyang Ekwo, held that the Supreme Court’s verdict did not necessitate Kalu’s retrial, citing constitutional and legal provisions.
The Economic and Financial Crimes Commission (EFCC), however, remained determined to pursue Kalu’s retrial and appealed Judge Ekwo’s decision. Despite the EFCC’s intentions to refile the appeal after the recent dismissal, Kalu’s legal team maintains that the Supreme Court’s ruling did not mandate his retrial, as he was not a party to the appeal that led to the nullification of the conviction.
The case against Kalu and his co-defendant stemmed from allegations of misappropriating funds belonging to Abia State during Kalu’s tenure as governor between 1999 and 2007. Apart from Kalu’s conviction, his co-defendant, Ude Udeogu, was also sentenced to 10 years in prison.
The legal saga surrounding Orji Kalu underscores the complexities of corruption trials and the intricacies of Nigeria’s judicial system. As the legal battle continues, it remains to be seen whether Kalu will face retrial or whether the Supreme Court’s ruling will ultimately shield him from further prosecution.
