Justice Joseph Oyewole of the Court of Appeal in Abuja has dismissed the Federal Government’s appeal against an order of the Federal High Court, Abuja stopping the reopening the trial of former Abia Governor, Senator Orji Uzor Kalu and his firm, Slok Nigeria Ltd on money laundering charges.
The appellate court delivered two judgments on Wednesday by three-member panel of the who said the two appeals filed by the Federal Government were not competent.
Justice Oyewole, who wrote and read the lead judgments in both appeals, said the objection raised by Kalu (now a serving Senator) and Slok stands.
It said 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.
According to the appellate court, 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 said the official of the trial court, who certified the records did not indicate his/her designation as required by the Evidence Act.
The FG’s counsel, 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.