Justice Inyang Ekwo temporarily stayed the retrial while delivering a ruling in an application by Kalu asking for a leave to file a motion against his retrial for alleged fraud committed when he was the governor of Abia between 1999 and 2007.
The ex parte application was filed by Prof. Awa Kalu, Kalu’s counsel.
The Judge also permitted leave to the senator to challenge the legality of the retrial on the same charge.
Ekwo agreed that the senator had placed sufficient materials of value before the court to enable him get permission for judicial review of his retrial on charges which he had been tried, convicted and spent some months in prison.
He also granted the former Abia governor permission to apply for an order of perpetual injunction against the Federal Government through the Economic and Financial Crimes Commission (EFCC) to prohibit his retrial.
The Judge gave Kalu 7 days within which to file and serve the EFCC all processes he intended to use to challenge the legality of the retrial.
Ekwo, however, adjourned the matter until February 23 for mention.
Kalu had asked the court to prohibit the EFCC from retrying him on the same alleged N7.1 billion money laundering charge against him.
Alleged money laundering: Court temporarily halts re-trial of Orji Kalu
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