The Court of Appeal in Abuja dismissed the Federal Government’s appeal against a Federal High Court ruling banning it from resuming the trial of former Abia Governor Orji Kalu and his firm, Slok Nigeria Ltd, on money laundering accusations.
In two decisions on Wednesday, a three-member panel of the appellate court concluded that the two appeals filed by the Federal Government were incompetent.
Justice Joseph Oyewole, who authored and read the lead judgments in both appeals, upheld the objection raised by Kalu (now a serving Senator) and Slok.
The court found that the records of appeal in both cases were not properly compiled and certified as required under Court of Appeal’s Rules and Section 104 of the Evidence Act.
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It held that even if the breach of the court’s rule was to be overlooked, the court cannot close its eyes to the non-compliance with the mandatory provision of the Evidence Act.
The court noted that the official of the trial court, who certified the records did not indicate his/her designation as required by the Evidence Act.
Lawyer to the Fed Govt, Oluwaleke Atolagbe said, with the court’s decision, the appellant will refile new appeals to enable the appellate court deal with the substance of the case.
The appeals were against the September 29, 2021 judgment by Justice Inyang Ekwo of the Federal High Court in Abuja prohibiting the Fed Govt from further prosecuting Kalu and Slok following an earlier judgment of the Supreme Court voiding the proceedings leading to their earlier trial and conviction.
More details to follow…
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