The Court of Appeal in Abuja on Wednesday struck out the appeal filed by the federal government seeking to commence fresh trial of Senator Orji Uzor Kalu a former governor of Abia State for N7.6bn fraud and money laundering charges.
The appellate court threw away the government move in a judgement delivered in Abuja by Justice Joseph.Olubunmi Kayode Oyewole on the ground that the appeal was incompetent.
Justice 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 government.
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 December 5, 2019 jailed the former governor now a senator representing Abia North 12 years.imprisonment for stealing the huge sums from the Treasury of Abia State while he held sway 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 Mohammed Idris cannot operate as a Federal High Court Judge and Justice of the Court of Appeal at the same.
The apex court, 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 prosecution on the subject matter on the ground that he had been convicted on same offence.
Justice Inyang Edem Ekwo who issued the prohibition order against EFCC said that Orji Uzor Kalu was not expressly stated in the judgment of the Supreme Court.
The federal government appeal against that decision of the high court was struck out for the failure to produce proper records of proceedings of the high court.