The Court of Appeal in Abuja has rejected the Federal Government’s attempt to retry the former governor of Abia and the senator representing Abia North, Orji Uzor Kalu, in the N7.6bn fraud case preferred against him.
Justice Mohammed Idris of the Federal High Court had on December 5, 2019, sentenced the former governor to 12 years in prison for allegedly stealing public funds while in office.
Also, the Abia State Government House Director of Finance and Accounts during Kanu’s tenure, Ude Udeogu, was sentenced to 10 years in prison for the offence.
The Economic and Financial Crimes Commission had charged Kalu, Udeogu, and Kanu’s company, Slok Nigeria Limited for conspiracy and diversion of N7.65bn from the coffers of the state.
Dissatisfied with the judgment of the Federal High Court, Kalu, and Udeogu filed an appeal to challenge their sentencing at the apex court.
The apex court’s judgement delivered by Justice Ejembi Eko, declared the conviction of the appellants as null and void on the ground that Idris was already a Justice of the Court of Appeal at the time he delivered the judgment.
Justice Eko further held that a Justice of the Court of Appeal cannot operate as a judge of the Federal High Court.
PUNCH / Omowunmi Adewuyi