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Hearing in the suit by former Governor of Abia State and Senate Chief Whip, Senator Orji Kalu seeking to stop his retrial by the Economic and Financial Crimes Commission, EFCC, on same alleged money laundering charges has been adjourned to April 20.
The adjournment is predicated on the fact the EFCC, which is listed as the first defendant in the suit, was not properly served with the originating summons.
At the resumed hearing of the suit, Rotimi Jacobs who announced appearance for the Commission on protest drew the attention of the court to the fact that the originating summons was served on his chambers instead of the EFCC.
He told Justice Inyang Ekwo that he was yet to be briefed by the anti-graft agency as its counsel and it would amount to professional misconduct to accept processes on the matter.
In his response, Professor Awa Kalu who appeared for Senator Kalu said he has no problem serving the EFCC with the originating summons.
Justice Ekwo accordingly adjourned the case to April 20 for hearing and directed the applicant to serve the EFCC within seven days.
The court had on February 8, 2021, granted leave to Senator Kalu to challenge his retrial by the EFCC on the same charges upon which he was sentenced and convicted.
Justice Inyang Ekwo thereafter, ordered that the planned re-arraignment of Senator Kalu in the alleged ₦7.1billion money-laundering charges be put on hold until the resolution of the legal questions raised against his retrial.
In a motion exparte argued by his counsel, Senator Kalu asked for an order of Court prohibiting the EFCC from retrying him on the same alleged money laundering charges against him.
He contended that having been tried, convicted and sentenced the on same charges a Federal High court presided over by Justice M.B. Idris, it will amount to double jeopardy if he is subjected to a fresh trial on the same charges.