By Correspondent in Abuja.
A Federal High Court in Abuja has dismissed the suit seeking transfer of retrial of former Governor of Abia state, Sen. Orji Uzor Kalu and two others to the Lagos division of the court .
Our Correspondent reports that the binsistence of the prosecution the counsel for the EFCC, Rotimi Jacobs,to move the case to Lagos attracted the wrath of the judge on Friday, Justice Inyang Ekwo, who gave him seven days to show cause why he should not be disqualified from prosecuting the case
“The motion on notice seeking the transfer of Kalu’s trial to the Lagos division of the federal high court was brought pursuant to sections 18, 19, 22 and 45 of the Federal High Court Act 2010 and section 93 of the Administration of Criminal Justice Act, 2015.
The decision to retry the senator followed the Supreme Court’s order remitting the case to the chief judge of the Federal High Court for reassignment.
At Friday’s ruling, the judge held that the prosecution’s request for transfer of the case to the lagos division was an abuse of court process, adding that more so, as the case was re-assigned on the directive of the chief judge of the federal high court Justice John Tsoho.
Justice Inyang Ekwo further ordered the prosecution counsel,Rotimi Jacobs, who secured Kalu’s conviction in the initial trial, to show cause within 7 days why an order ought not to be made to disqualify him from handling the case.
This followed his insistence on taking the trial back to Lagos.
Jacob was said to have twice written to the Chief Judge requesting for the transfer of the case and both occasions, his request was denied.
The court held the view that he ought to abide by the decision of the Chief Judge.
Justice Ekwo, however, told the prosecution that he was at liberty to go back to the Supreme Court to seek for review of the order that remitted the trial to the Federal High Court.
The case has been adjourned till the 21st of October for the prosecution counsel to show cause why an order ought not to be made disqualifying him from handling the case.
Orji Uzor Kalu, a serving Senator representing Abia North, was on trial alongside with his company, Slok Nigeria Limited, and Udeh Udeogu, a Director of Finance and Accounts at the Abia State Government House during Kalu’s tenure as governor.
In December 2019, they were convicted for diverting N7.1 billion from the Abia State coffers.
Kalu was already serving a 12-year jail term for the offences when the Supreme Court, in May 2020, nullified the proceedings leading to his conviction and that of his co-defendants.
Edited by Dada Ahmed.
