Justice Inyang Ekwo has fixed April 20 for hearing in the suit by former Abia state Governor and Senate Chief Whip, Dr.Orji Kalu.
In the suit, Kalu is seeking to stop his retrial by the Economic and Financial Crimes Commission (EFCC) on an alleged money laundering charges.
The Tuesday adjournment was predicated on the fact that the EFCC which is listed as the first defendant in the suit was not properly served with the originating summons.
At the resumed trial, counsel to EFCC, Rotimi Jacobs (SAN), protested, arguing that the originating summons was served on his Chambers instead of the EFCC.
He told Justice Ekwo court that he was yet to be briefed by the EFCC as it’s counsel and it would amount to professional misconduct to accept processes on the matter.
Responding, Prof. Awa Kalu (SAN) who appeared for Senator Kalu said he has no problem serving the EFCC with the originating summons.
But both Chief Chris Uche (SAN) and George Ukeagbu who appeared for third and second defendants told the court that they were properly served.
However, Justice Ekwo observed that both the first and third defendants were yet to file their reply briefs in the suit.
He 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 the politician in the alleged N7.1billion money laundering charges be put on hold until the resolution of the legal questions raised against his retrial.