The Court of Appeal in Abuja has struck out the bid by the Federal Government to commence fresh prosecution of former Abia State Governor, Orji Uzor Kalu in the ₦7.6 billion fraud and money laundering brought against him.
In delivering judgment, Justice Joseph Oyewole held that the record of appeal brought by the federal government was incompetent and unreliable for any court to use to grant the request of the government.
Justice Oyewole said that the record of appeal was not compiled, signed, or certified by any person known to law.
He added that the name of the person who compiled, signed and certified the record was not reflected as required by law.
A Federal High Court had on December 5, 2019 jailed the former governor now a senator representing Abia North, for 12 years for stealing huge sums from the Treasury of Abia State while he was Governor of Abia State.
The judgement of the High Court was, however, voided and set aside by the Supreme Court on the ground that Justice Mohammed Idris, who delivered it was already a Justice of the Court of Appeal, having been elevated.
The Supreme Court judgement delivered by Justice Ejembi Ekwo held that Justice Mohammed Idris cannot operate as a Federal High Judge and Justice of the Court of Appeal at the same time.
He subsequently ordered the Chief Judge of the Federal High Court to give the trial to another judge for a fresh trial.
Kalu, however, went back to the Federal High Court and obtained an order prohibiting the Economic and Financial Crimes Commission (EFCC) from initiating fresh prosecutions of the former governor.
Justice Inyang Edem Ekwo, who issued the prohibition order against the EFCC, said that Orji Uzor Kalu was not expressly stated in the judgement of the Supreme Court.
The Federal Government’s appeal against the decision of the High Court was dismissed for the failure to produce proper records of the proceedings of the High Court
