Alleged N7.6Bn Fraud: Appeal Court Strikes Out EFCC’s Move For Retrial Kalu
The Court of Appeal sitting in Abuja on Wednesday, March 6, 2024 struck out the bid by the Federal Government through the Economic and Financial Crimes Commission (EFCC) to commence fresh prosecution of the former governor of Abia State, Senator Orji Uzor Kalu in the alleged N7.6B fraud and money laundering brought against him.
In its judgement delivered by Justices Joseph Olubunmi, Kayode Oyewole on Wednesday, the Court of Appeal held that the record of appeal brought by the federal government was incompetent and unreliable for any court to use to grant such a request.
Justice Oyewole specifically said that the record of appeal was not compiled, signed and certified by any person known to law, stressing that the name of the person who compiled, signed and certified the record were not reflected as required by law.
A Federal High Court on December 5, 2019 jailed Senator Kalu representing Abia North for 12 years for stealing the from the treasury of Abia State while he held sway as governor of the state.
However, the judgment of the High Court was voided and set aside by the Supreme Court on the ground that Justice Mohammed Idris, who delivered the judgement was already a Justice of the Court of Appeal having been elevated.
The Supreme Court judgment delivered by Justice Ejembi Ekwo, who held that Justice Mohammed Idris cannot operate as a Federal High Judge and Justice of the Court of Appeal at the same and therefore ordered the Chief Judge of the Federal High Court to allocate the case to another Judge for a fresh trial.
But, Senator Kalu quickly moved to the Federal High Court and obtained an order prohibiting the EFCC from initiating fresh prosecution against him.
Justice Inyang Edem Ekwo, who issued the prohibition order against EFCC, declared that Orji Uzor Kalu was not expressly stated in the judgment of the Supreme Court.
