Former National Publicity Secretary of the Peoples Democratic Party, PDP, Chief Olisa Metuh, on Friday, failed to persuade the Supreme Court to stop further proceeding in the seven-count criminal charge the Economic and Financial Crimes Commission, EFCC, preferred against him.
The lead ruling which was prepared by Justice Clara Ogunbiyi, gave the Federal High Court in Abuja the nod to continue Metuh’s trial.
The embattled former PDP spokesman had in the dismissed appeal, challenged refusal of Justice Okon Abang to hands-off his trial. Metuh had asked Justice Abang to suspended further hearing on his case to await the outcome of an appeal he lodged against the dismissal of his no-case-submission by the trial high court.
He contended that Justice Abang ought to halt the proceeding before him since the Supreme Court was already seized of the facts of his appeal.
The substantive appeal is praying the apex court to determine whether or not Justice Abang was right when he ordered the defendant to enter his defence to the the criminal charge bordering on alleged N400million fraud. EFCC alleged that Metuh had prior to the 2015 presidential election, used his firm, Destra Investment Limited, and received N400m from the Office of the National Security Adviser, ONSA, without executing any contract.
It said the fund which was released to Metuh and his firm by the erstwhile NSA, Col. Sambo Dasuki, retd, was part of about $2.1billion earmarked for the purchase of arms to fight insurgency in the North East.
Metuh’s company was charged as the 2nd defendant in the matter. FG has already closed its case against the defendants after it produced eight witnesses before the trial court. Justice Abang dismissed Metuh’s contention that both documentary and oral evidence adduced by the prosecution was not sufficient to warrant the court to compel him to enter his defence to the charge.
The trial Judge said he was satisfied that EFCC successfully established a prima-facie criminal case against the defendants. He dismissed the defendants’ no-case-submission and ordered Metuh to open his defence. The Abuja Division of the Court of Appeal also upheld the ruling, an action that led Metuh who has already opened his defence, to take the matter before the apex court. In view of the pendency of his appeal, the defendants, through their lawyers, Dr. Onyechi Ikpeazu, SAN and Tochukwu Onwugbufo, SAN, maintained that the trial court ought to respect judicial hierarchy and allow the apex court to rule on the matter first. Metuh’s counsel, Ikpeazu, SAN, predicated the application on sections 6 and 66 (a) of the 1999 constitution, as amended. “My lord the only point which this court ought to decide at this sitting is whether the Federal High Court ought to defer to the Supreme Court in a situation where the Supreme Court has already started hearing the same matter and adjourned a ruling on whether or not to stay the proceedings of the Federal High Court.
“The law is settled that at all times, a High Court will be acting in accordance with judicial procedure by refraining from any act that will foist a fait-accompli on the Supreme Court. “As counsel, we all are expected to assist the court and not to put the court in a precarious position. It is also on record that we have asked the Supreme Court to take the application instantly. “It is a fundamental issue that the Supreme Court has started hearing the matter and had adjourned ruling”, Ikpeazu argued.
EFCC lawyer, Mr. Sylvanus Tahir, vehemently opposed the application which he described as deliberate ploy by the defendants to unnecessarily delay their trial. He prayed the court to dismiss it and direct the defendant to continue his defence to the charge. Justice Abang adjourned the matter till June 19.
Metuh had in his defence before the court, insisted that the N400million was given to him to conduct media campaigns for ex-President Goodluck Jonathan before the 2015 general election. In a bid to substantiate his claim, he pleaded the court to issue a subpoena to compel the Federal Government to allow the former NSA, Dasuki who has been in detention since November 3, 2015, to appear and testify on his behalf. Justice Abang however refused the defendant’s request.
.vanguard
