The Court of Appeal in Abuja has dismissed an appeal by the Federal Government challenging an order from the Federal High Court, Abuja, which barred it from reopening the trial of former Abia Governor, Orji Kalu, and his company, Slok Nigeria Ltd, on money laundering charges.
In two separate judgments delivered on Wednesday, a three-member panel of the appellate court ruled that the Federal Government’s appeals were incompetent.
Justice Joseph Oyewole, who authored and delivered the lead judgments in both cases, upheld objections raised by Kalu (now a serving Senator) and Slok.
The court found that the records of appeal in both appeals were not adequately compiled and certified, as required by the Court of Appeal’s Rules and Section 104 of the Evidence Act.
Even if the breach of the court’s rules were overlooked, the court emphasized that it cannot disregard the non-compliance with the mandatory provision of the Evidence Act.
The court observed that the trial court’s official who certified the records failed to indicate his/her designation, as required by the Evidence Act.
Responding to the court’s decision, Oluwaleke Atolagbe, counsel to the Federal Government, stated that the appellant would file new appeals to allow the appellate court to address the substance of the case.
The appeals stemmed from the September 29, 2021 judgment by Justice Inyang Ekwo of the Federal High Court in Abuja, which barred the Federal Government from further prosecuting Kalu and Slok. This followed a previous Supreme Court judgment that nullified the proceedings leading to their initial trial and conviction.
