- The court noted that the official of the trial court, who certified the records did not indicate his/her designation as required by the Evidence Act.
- Lawyer to the Federal government said, with the court’s decision, the appellant will refile new appeals to enable the appellate court deal with the substance of the case.
The Federal Government’s appeal against a Federal High Court of Abuja judgment stopping it from resuming the trial of former Abia Governor Orji Kalu and his company, Slok Nigeria Ltd., on money laundering accusations has been dismissed by the Court of Appeal in Abuja.
A three-member panel of the appellate court ruled on Wednesday in two rulings that the two appeals the federal government filed were not competent.
Justice Joseph Oyewole, who wrote and read the majority rulings in both appeals, supported the objections made by Slok and Kalu, who is currently a senator.
The court found that the records of appeal in both cases were not properly compiled and certified as required under Court of Appeal’s Rules and Section 104 of the Evidence Act.
It held that even if the breach of the court’s rule was to be overlooked, the court cannot close its eyes to the non-compliance with the mandatory provision of the Evidence Act.
The court noted that the official of the trial court, who certified the records did not indicate his/her designation as required by the Evidence Act.
Lawyer to the Federal Government, Oluwaleke Atolagbe said, with the court’s decision, the appellant will refile new appeals to enable the appellate court deal with the substance of the case.
The appeals were against the September 29, 2021 judgment by Justice Inyang Ekwo of the Federal High Court in Abuja prohibiting the Federal Government from further prosecuting Kalu and Slok following an earlier judgment of the Supreme Court voiding the proceedings leading to their earlier trial and conviction.
This is a developing story…
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