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N7.6bn fraud: Appeal Court dismisses attempt to retry Orji Kalu
Retrying Orji Uzor Kalu, the senator representing Abia North and former governor of Abia, in the N7.6 billion fraud case brought against him was denied by the Court of Appeal in Abuja, following an attempt by the Federal Government.
On December 5, 2019, the Federal High Court's Justice Mohammed Idris sentenced the former governor to 12 years in prison for allegedly misusing public monies during his tenure.
Additionally, Ude Udeogu, the Director of Finance and Accounts for the Abia State Government House under Kanu, received a 10-year prison sentence for the offence.
The Economic and Financial Crimes Commission has filed charges against Kalu, Udeogu, and Kanu's business, Slok Nigeria Limited, alleging conspiracy and N7.65 billion in money diversion from state funds.
Not happy with the decision made by the Federal High Court, Kalu, and Udeogu filed an appeal to challenge their sentencing at the apex court.
The apex court’s judgement delivered by Justice Ejembi Eko, declared the conviction of the appellants as null and void on the ground that Idris was already a Justice of the Court of Appeal at the time he delivered the judgment.
Additionally, Justice Eko ruled that a Justice of the Court of Appeal may not serve as a Federal High Court judge.
But the Chief Judge of the Federal High Court was instructed by the highest court to reassign the case for a new trial.
But Kalu returned to the Federal High Court and got a ruling prohibiting the EFCC from bringing him up for a second trial.
According to Justice Inyang Edem Ekwo, who granted the restriction order against the EFCC, the Supreme Court's ruling did not specifically mention Kalu.
The supreme government filed an appeal against the high court's ruling because it was not pleased.
Justice Joseph Oyewole dismissed the appeal on Wednesday after reading the lead judgement, citing the government's inability to provide accurate high court documents.
The government's record was deemed untrustworthy by Justice Oyewole, who further decided that the request could not be approved.
"A court could not grant the government's request based on the incompetent and untrustworthy record of an appeal brought by the federal government," stated Oyewole.
He further emphasised that no recognised legal person assembled, signed, or certified the appeal's record.
"As required by law, the name of the person who compiled, signed, and certified the record was not reflected," he continued.