The Court of Appeal sitting in Abuja has struck out the appeal filed by the Economic and Financial Crimes Commission challenging the judgment of the federal high court which stopped the commission from retrying the former governor of Abia state Orji Kalu, on a N7.1billion fraud charge he was earlier convicted for.
A 3 member panel of the appellate court held that the court can not adjudicate on incomplete records of appeal.
In line with order 8 rule 1 of the Court of Appeal rules, the registrar of the lower court shall within 60 days transmit the records of appeal.
when the registrar fails to do so the appellant shall within 30 days gather and transmit the records to the court.
In this case, they both failed to do so.
When the records were finally transmitted to the court they were incompetent.
The records were not duly signed as prescribed by law.
Counsel to the appellant ( Federal government) is a private practitioner, he was contracted to attract competence in the case, however, that was not seen.
