The Economic and Financial Crimes Commission, EFCC, has faulted the ruling of Justice Inyang Ekwo of the Abuja Division of the Federal High Court barring it from retrying  Senator Orji Uzor Kalu.

In a statement on Thursday, the anti-graft agency said the judge erred in his ruling as the Supreme Court did not stop the re-trial of the former Abia governor.

The commission argued that Section 36(9) of the 1999 constitution is applicable only where the previous judgment was by a court of competent jurisdiction.

It noted that the apex court had in the said judgment described the process that led to the conviction of Kalu as a nullity because the judge came from the Court of Appeal to decide the matter.

It explained that the Supreme Court had earlier ordered a retrial of the former governor at the Federal High Court, accusing Mr Kalu of taking advantage of the Supreme Court ruling to secure release his from Kuje Correctional Centre and going ahead to file an application before the Federal High Court in Abuja to stop his retrial.

Peoples Gazette on Wednesday reported that the Abuja division of the Federal High Court prohibited the EFCC from retrying the former Abia Governor.

The Gazette reports that Justice Inyang Ekwo gave the order while delivering judgment in an application filed by the former governor seeking an order of the court prohibiting the EFCC from retrying him on a charge for which he had already been tried and convicted.

“An order is hereby made prohibiting the federal government through the EFCC from retrying the applicant on charge no. FHC/ABJ/CR/56/2007 since there was no order in the judgment of the Supreme Court for the retrial of Kalu,” the judge said.