The Court of Appeal, citing a technical slip, struck out the appeal that the EFCC filed to seek the retrial of Senator Orji Kalu for alleged N7.1 billion fraud he allegedly perpetrated while being Abia State Governor, on Wednesday.
The Court of Appeal in Abuja on Wednesday struck out an appeal seeking a retrial of a former governor of Abia State, Orji Kalu, over charges of N7.1 billion fraud.
In the decision anchored on a technical ground, a three-member panel of the Court of Appeal said the records of proceedings at the Federal High Court in Abuja were not properly compiled and transmitted to the appellate court for adjudication.
Delivering the lead judgement on Wednesday, Joseph Oyewole, referencing the Court of Appeal procedural rules and section 104 of the Evidence Act, said it was mandatory for a public officer in custody of the records of the trial court’s proceedings to certify at the foot of such documents that were tendered before the court.
“The Court of Appeal cannot adjudicate on a case whose records of appeal were not properly transmitted. The record of appeal is incompetent. The appeal is hereby struck out,” Mr Oyewole said. But EFCC’s lawyer Oluwaleke Atolagbe, told journalists shortly after Wednesday’s ruling that he would refile the appeal for it to be heard and determined on its merit.
