A former Abia Governor Orji Uzo Kalu failed on Friday in a bid to stop the Federal Government from appealing 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.
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 appeals 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.
