Posted on: 01:09 Thu, 17 Mar 2016



Justice Okon Abang of a Federal High Court in Abuja has directed that the National Publicity Secretary of the Peoples Democratic Party, Chief Olisa Metuh, will open its defence by 12pm on Thursday in his ongoing trial for corruption the despite absence of the defence lawyers.

The Economic and Financial Crimes
Commission is prosecuting Metuh and his firm, Destra Investments Limited, on seven counts of fraud relating to the N400m he received from the Office of the National Security Adviser in November 2012 and $2m money laundering cash transaction.

Metuh was in court on Thursday but none of
his lawyers was.

When the case was called at exactly 9am
earlier today, the judge was handed a letter
from Metuh’s lead counsel, Mr. Onyechi
Ikpeazu (SAN), asking for an adjournment on
health grounds.

The judge said the letter indicated that Ikpeazu
had travelled to University of Ilorin for
treatment without stating the particular hospital
he was visiting.

Justice Abang also acknowledged receiving
another letter from the lead prosecuting
counsel, Mr. Sylvanus Tahir, that was given to
passed to him during the brief court session.

Tahir in his letter asked for a stand down till
12pm to enable him to appear for an appeal at
the Supreme Court.

In a bench ruling on Thursday, Justice Abang
said there was no evidence that the defence
lawyer’s letter, asking for an adjournment was
served on the prosecution.

He ruled, “Therefore my lords, I am inclined to
stand down the matter till 12pm for the
defendant to open their defence.

“I will only take decision on the request for
adjournment by 12pm.”

Justice Abang had in a ruling on March 9
dismissed Metuh’s no-case submission,
directing him to open his defence in the trial.

PDP spokesperson had in his no-case
submission asked the court to discharge and
acquit him and his company on the grounds
that the prosecution had failed to lead
evidence linking him to the alleged crimes.
But the judge held in his ruling that the
accused had case to answer to enable him to
offer explanations about the allegations levelled
against him.

He explained in the opening of his ruling that
the court was not expected at the stage to
make findings on the guilt or otherwise of the
accused.

He added that the court could also not make
pronouncement on the credibility of the
prosecution witnesses that had testified.

After the prosecution closed its case with eight
witnesses, the defendants through their
lawyers, filed a no-case submission, asking the
court to discharge and acquit them on the
grounds that the prosecution failed to make
any prima facie case against them.

But the judge ruled against the defendants on
Wednesday, holding that the prosecution’s case
had raised so many questions, which the
defendants needed “to urgently answer”.

“I have no doubt in my mind that the
defendants have explanations to make
regarding counts 1, 2, 3, 4 and 7,” the judge
ruled.

He held that the evidence given by the
prosecution’s third and seventh witnesses as
well as Exhibits D1 and E6(1) to (4) linked
Metuh and his company to the alleged crime.

He added, “It is only the first defendant
(Metuh) that can answer the questions.

The first defendant admitted in his statement that
the the second defendant (Destra) received
N400m on November 24, 2014.

“Did the first defendant inquire from the bank
the source of this money? If he did, what did
he do?
“If he did not ask from the bank why did he not
report to the police or even the EFCC to
investigate it. If he did not why did he disburse
the fund to the 5th and 7th prosecution
witnesses? Did he also disburse part of the
money to Chief Anenih as contained in count
seven.

“If he answer this questions it will be clear if
the defendants knew or reasonably ought to
have know that the fund represented proceeds
of corrupt and criminal breach of trust by Col.
Sambo Dasuki, while being the National
Security Adviser.”