The Court of Appeal in Abuja has rejected the Federal Government’s bid to initiate a fresh prosecution of former Abia State Governor, Orji Uzor Kalu, in the N7.6 billion fraud and money laundering case against him.
Justice Joseph Olubunmi Kayode Oyewole delivered the judgment in Abuja on Wednesday, dismissing the government’s attempt. Oyewole ruled that the record of appeal submitted by the Federal Government was insufficient and unreliable for any court to grant its request.
Justice Oyewole pointed out several deficiencies in the record of appeal, including the lack of proper compilation, signature, and certification by a legally recognized individual. He noted that the required details, such as the name of the person who compiled, signed, and certified the record, were not provided as mandated by law.
Previously, a Federal High Court had sentenced the former governor, now representing Abia North in the Senate, to 12 years in prison on December 5, 2019, for embezzling large sums from the treasury of Abia State during his tenure as governor.
However, the Supreme Court invalidated and overturned the High Court’s judgment, citing the fact that Justice Mohammed Idris, who delivered the verdict, had been elevated to the Court of Appeal. The Supreme Court ruled that Justice Idris could not serve as both a Federal High Court judge and a Court of Appeal justice simultaneously.
Following the Supreme Court’s decision, Kalu obtained a court order from the Federal High Court prohibiting the Economic and Financial Crimes Commission (EFCC) from pursuing a new prosecution against him. Justice Inyang Edem Ekwo, who issued the order, stated that the Supreme Court judgment did not explicitly mention Orji Uzor Kalu.
The Federal Government’s appeal against the high court’s decision was dismissed due to its failure to produce adequate records of the high court proceedings.
