The Federal Government’s attempt to retry a former governor of Abia, Senator Orji Uzor Kalu, over a N7.6bn fraud case has run into a ditch as the Court of Appeal in Abuja has rejected the move.
Justice Mohammed Idris of the Federal High Court had on December 5, 2019, sentenced the Kalu, now the senator representing Abia North in the Red Chamber of the National Assembly to 12 years in prison for allegedly stealing public funds while he served as Governor of Abia State.
Also affected by the ruling was Ude Udeogu, the then Abia State Government House Director of Finance and Accounts, was sentenced to 10 years in prison for the offence.
READ ALSO: http://Boko Haram terrorists abduct 300 female IDPs in Borno
The Economic and Financial Crimes Commission, EFCC, had charged Kalu, Udeogu, and Kanu’s company, Slok Nigeria Limited for conspiracy and diversion of N7.65 billion from the coffers of the state.
however, not satisfied with the judgment of the Federal High Court, Kalu, and Udeogu filed an appeal to challenge their sentencing at the apex court.
In a judgement delivered by Justice Ejembi Eko of the apex court, nullified the conviction of the appellants on the ground that Idris was already a Justice of the Court of Appeal at the time he delivered the judgment.
He also held that a Justice of the Court of Appeal cannot operate as a judge of the Federal High Court.
READ ALSO: http://Obafemi Awolowo Foundation Honours AfDB President, Akinwumi Adesina
Nevertheless, the apex court ordered the Chief Judge of the Federal High Court to reassign the case for a fresh trial.
But Kalu, obtained an order from the Federal High Court, restraining the EFCC from re-trying him.
Justice Inyang Edem Ekwo issued the prohibition order against EFCC on the ground that Kalu was not expressly stated in the judgment of the Supreme Court.
Dissatisfied, the Federal Government appealed against the decision of the high court.
Reading the lead judgment, on Wednesday, Justice Joseph Oyewole dismissed the appeal because the government failed to produce proper records of the high court proceedings.
“The record of an 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.
He added: “The name of the person who compiled signed, and certified the record was not reflected as required by law,” he added.