By Akinsuroju Olubunmi
Appeal court dismisses Government’s bid to retry Orji Kalu
The Court of Appeal in Abuja has rejected the Federal Government’s attempt to retry the former governor of Abia and current senator representing Abia North, Orji Uzor Kalu, in the N7.6bn fraud case against him.
Justice Mohammed Idris of the Federal High Court sentenced Kalu to 12 years in prison on December 5, 2019, for allegedly embezzling public funds during his time in office. Additionally, Ude Udeogu, the Director of Finance and Accounts at the Abia State Government House during Kalu’s tenure, was sentenced to 10 years for the same offence.
The charges brought by the Economic and Financial Crimes Commission (EFCC) accused Kalu, Udeogu, and Kalu’s company, Slok Nigeria Limited, of conspiring to divert N7.65bn from the state’s coffers.
Kalu and Udeogu appealed their sentencing to the apex court, arguing that Idris, the trial judge, was already a Justice of the Court of Appeal when he delivered the judgment, rendering it null and void.
In its judgment delivered by Justice Ejembi Eko, the Supreme Court declared the conviction of the appellants null and void, citing Idris’s dual role as a Justice of the Court of Appeal and a judge of the Federal High Court.
However, the Supreme Court ordered the Chief Judge of the Federal High Court to reassign the case for a fresh trial.
Subsequently, Kalu obtained an order from the Federal High Court restraining the EFCC from retrying him, citing that he was not expressly mentioned in the Supreme Court’s judgment.
The government appealed this decision, but the Appeal Court, led by Justice Joseph Oyewole, dismissed the appeal on Wednesday. Oyewole cited the government’s failure to produce proper records of the high court proceedings, deeming the appeal incompetent and unreliable.
He emphasized that the record of appeal was not compiled, signed, and certified by any authorized individual as required by law, thus rendering it insufficient for the government’s request to be granted.
In light of this decision, Kalu remains protected from retrial by the EFCC.
Orji Kalu, Appeal Court