March 06, (THEWILL)- A fresh bid by the Federal Government to re-arraign Senator Orji Kalu for alleged N7.6 billion fraud and money laundering charges, was halted on Wednesday, as the Court of Appeal in Abuja, struck out the case.
A three-member panel of Justices of the appellate court, in a judgement delivered by 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 its request.
Among others, Justice Oyewole said that the record of appeal was not compiled, signed and certified by any person known to law.
Specifically, Justice Oyewole said that the name of the person who compiled, signed and certified the record were not reflected as required by law.
A Federal High Court had on Dec. 5, 2019, jailed the former Abia governor, 12 years, over alleged theft of N7.6 billion from the Treasury of Abia State while he was governor of the state between 1999 and 2007.
The ruling of the High Court was, however, voided and set aside by the Supreme Court on a technical ground that Justice Mohammed Idris, who delivered the judgement, 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.
He subsequently ordered the Chief Judge of the Federal High Court to reassign 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 his fresh prosecution.
Justice Inyang Edem Ekwo, who issued the prohibition order against EFCC, said that Orji Uzor Kalu was not expressly stated in the judgement of the Supreme Court.
The federal government appeal against the decision of the high court was dismissed on Wednesday, for the failure to produce proper records of proceedings of the high court.
