By Vivian Okejeme Abuja
The Federal Government’s move to retry the former Abia State Governor, Orji Uzor Kalu, in the N7.6billion fraud and money laundering, had been striked out.
Justice Joseph Kayode Oyewole of the Appeal court, court sitting in Abuja dismissed the suit for 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.
Recall that a Federal High Court had on December 5, 2019, jailed the former governor now s a senator representing Abia North for 12 years for stealing N7.6billion from the Treasury of Abia State as a governor.
However, the supreme court voided the judgement of the lower court on the ground that Justice Mohammed Idris who delivered it was already a Justice of the Court of Appeal having been elevated.
The Apex court, in a 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.
Consequently, the Apex court 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 and Justice Inyang Ekwo granted him an order prohibiting the Economic and Financial Crimes Commission (EFCC) from instituting a fresh prosecution.
The Judge held that Orji Uzor Kalu was not expressly stated in the judgment of the Supreme Court.
Not satisfied with the decision of Justice Ekwo, the prosecution appeal against the decision of the high court.
The matter was Wednesday, dismissed for the failure to produce proper records of proceedings of the high court.
