The Court of Appeal, Abuja, yesterday, struck out the bid by the Federal Government to commence fresh prosecution of former Abia State Governor, Orji Uzor Kalu, in the N7.6 billion fraud and money laundering case brought against him.
The appellate court stuck off the move in a judgment delivered by Justice Joseph Olubunmi Oyewole.
Justice Oyewole held that the record of appeal brought by the Federal Government was incompetent and unreliable for any court to use to grant such a request.
Among others, Oyewole said that the record of appeal was not compiled, signed and certified by any person known to law.
Specifically, the judge said that the name of the person, who compiled, signed and certified the record was not reflected as required by law.
Recall that a Federal High Court had, on December 5, 2019, jailed the former governor, now a senator, representing Abia North, for 12 years for stealing the huge sums from the Abia State’s treasury, during his eight years tenure as governor of the state.
The judgment 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 judgment delivered by Justice Ejembi Ekwo held that Justice Idris cannot operate as a Federal High Court 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 case 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 prosecution of the former governor.
Justice Inyang Edem Ekwo, who issued the prohibition order against EFCC, said that Kalu was not expressly stated in the judgment of the Supreme Court.
The Federal Government appeal against the decision of the high court was dismissed for the failure to produce proper records of proceedings of the high court.
