Alleged N7.1bn Fraud: Kalu Fails To Stop FG’s Appeal Against His Acquittal
A former Governor of Abia State, Orji Uzor Kalu failed on Friday in a bid to stop the federal government from appealling the September 29, 2021 judgment by Justice Inyang Ekwo of the Federal High Court, Abuja stopping his prosecution on a N7.1billion money laundering charge.
In two rulings on Friday, a three-member panel of the appellate court rejected the objection by Kalu and his firm, Slok Nigeria Limited to the application for leave to appeal out of time filed by the Fed Govt through the Economic and Financial Crimes Commission (EFCC).
Kalu and Slok had argued, among others that the Court of Appeal, having delivered a judgment on March 6, 2024 striking out an earlier appeal by the Fed Govt, the court had become functus officio and could not longer take any further steps on the case.
Justice Ishaq Sanni, who read the rulings on Friday, noted that the March 6, 2024 judgment did not determine the substance of the appeal and thus, was not a judgment given on the merit.
Justice Sanni held that the Court of Appeal, in the March 6, 2024 judgment only struck out the appeal on the grounds that the record of appeal was not properly certified, because the official of the Federal High Court, who certified the record did not include his or her designation.
He held that since the March 6 , 2024 judgment was delivered after the three months allowed an aggrieved party to appeal, the Fed Govt was in order to have filed its application for extension of time to appeal.
He held that since the March 6 , 2024 judgment was delivered after the three months allowed an aggrieved party to appeal, the Fed Govt was in order to have filed its application for extension of time to appeal.
Justice Sanni proceeded to issue an order extending the time within which the Fed Govt should file a notice of appeal against the September 29 judgment of the Federal High Court.
He also ordered the Fed Govt to file its notice of within 14 days.
The rulings were on the applications marked: CA/ABJ/PRE/ROA/CV/430MI/2024 (FRN v. Orji Uzo Kalu and two others) and CA/ABJ/PRE/ROA/CV/431MI/2024 )FRN v. Slok Nigeria Limited and two others.
By the Friday’s ruling, the Fed Govt is expected to file fresh notice of appeal to challenge the September 29, 2021 judgment by Justice Ekwo, 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.
Kalu was charged and tried with Slok and a former Account Director in Abia State Government House, Ude Jones Udeogu, for their alleged complicity in diverting the N7.1b from Abia State’s coffers.
The three were convicted and, while Kalu and Udeogu were sentenced to 12 and 10 years imprisonment, Slok was wound up.
But, upon an appeal by Udeogu, the Supreme Court, in a judgment on May 8, 2020, set aside their trial and conviction on the grounds the trial judge, who was elevated to the Court of Appeal, ought not to have continued to hear the case.
In the judgment given in an appeal, marked: SC/62C/2019 filed by Udeogu, the Supreme Court ordered a retrial in the case.
Although Kalu and Slok were not appellants in the appeal by Udeogu, they (Kalu and Slok) later tendered the judgment before a Federal High Court in Lagos and the court applied the judgment to them and set them free.
But, when the prosecuting agency, the Economic and Financial Crimes Commission (EFCC) applied for a retrial, Kalu and Slok sued to challenge the move to retry them.
They argued among others, that a retrial would subject them to double jeopardy, having earlier been tried and convicted on the same charge, an argument Justice Ekwo upheld in his September 29, 2021 judgment.
