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Tag: Metuh

  • Destruction of evidence: Metuh knows fate on May 31

    Destruction of evidence: Metuh knows fate on May 31

    An FCT High Court on Monday fixed May 31 for ruling on the no-case submission filed by Olisa Metuh, a former PDP spokesperson, accused of destruction of evidence.

    Mr Metuh was arraigned by the Economic and Financial Crimes Commission (EFCC), on a two-count charge bordering on alleged destruction of evidence.

    The case which was before Justice Ishaq Bello, was adjourned until May 31, with consent of all counsel as the court did not sit on the matter, though all counsel, as well as Mr Metuh, were present.

    The case was earlier adjourned until March 7, then April 23 for ruling on Mr Metuh’s no- case submission.

    Onyechi Ikpeazu (SAN), counsel to Mr Metuh’s had on October 10, 2017, told the court that they would enter a no-case submission at the close of the prosecution’s case

    Arguing the no-case submission, Mr Ikpeazu had told the court that the prosecution had not established any case to warrant the defendant to be called to enter his defence.

    He said that the application was pursuant to the provisions of Sections 302 and 357 of the Administration of Criminal Justice Act.

    He added that the defendant had a constitutional liberty and could not be prosecuted where he either refused to make a statement or withdraw any part of his writing in the course of making a statement.

    He said that the defendant had a right to cancel any part of his statement voluntarily.

    He reminded the court that the charge by EFCC was that Mr Metuh destroyed his statement and obstructed the EFCC officials by willfully tearing his statement.

    Mr Ikpeazu added that a piece of paper not signed did not qualify as a statement by the defendant, and urged the court to discharge and acquit the defendant.

    The prosecuting counsel Sylvanus Tahir, urged the court to establish whether or not a prima facie case had been made against the defendant

    He added that cancellation was different from tearing, which was obstruction, and urged the court to call upon the defendant to enter his defence.

     

  • Alleged interference in Metuh’s trial: Call your appointees to order, PDP tells Buhari

    Alleged interference in Metuh’s trial: Call your appointees to order, PDP tells Buhari

    The People’s Democratic Party (PDP) has urged President Muhammadu Buhari to call to order, some of his appointees over their continued interference in its former National Publicity Secretary’s trial.
    Also to be cautioned for sustained meddling in the trial of the former publicity scribe, Chief Olisa Metuh, according to the party, are some officials of the All Progressive Congress (APC).
    In a statement in Abuja on Thursday by Mr Kola Ologbondiyan, its National Publicity Secretary, PDP urged the Chief Justice of Nigeria to protect the judiciary and the courts from the direct interferences of the officials.
    It said that the connection between the timing of happenings in Metuh’s case and the intrusions of the officials in the entire matter had assumed a worrisome dimension.
    It pointed out that its members had specifically expressed fear about Metuh’s fate before Justice Okon Abang, the judge that had in the past, delivered judgments against the PDP, and were later upturned after much damage.
    The party said that it found it curious that interferences were manifesting in Metuh’s case even after the court had adjourned indefinitely on his application to be allowed to travel to the UK for surgery.
    It wondered why the court had continued to refuse Metuh’s application for medical leave even as his condition had degenerated.
    According to PDP, it is on record that people facing similar charges at the Federal High Court are granted leave to travel for medical check-ups and other sundry reasons, but Metuh’s application has been deferred indefinitely.
    It decried the current situation where Metuh now had to be brought to court for trial on a hospital stretcher.
    It said that if the court could not grant Metuh leave for medical treatment, there was no guarantee that he could get justice from the same court.
    The party alleged that some persons were manipulating issues around the case as a reference point to threaten opposition in the country.
    It called on the chief justice to take a closer look at the conduct of Metuh’s case and take appropriate action to ensure that justice was done at the end of the day.
    The former publicity secretary of PDP is standing trial for allegedly receiving N400 million from the office of former National Security Adviser, Sambo Dasuki.

  • Just in: Metuh appears in court, begs for medical treatment abroad

    A former National Publicity Secretary of the PDP, Olisa Metuh, on Wednesday asked the Federal High Court, Abuja to order the release of his international passport to enable him travel overseas for medical treatment.

    This is the third time Metuh is asking the court to release his international passport for him to seek medical attention abroad.

    At the resumed hearing, the Judge, Justice Okon Abang, granted Metuh’s Counsel, Mr Emeka Etiaba (SAN) permission to move the application.

    Etiaba noted that his client did not appeal against the two previous applications, which were refused by the court but added that this was a new and different application.

    “It is instructive to note that the facts now are different from the facts relied on in the previous application.

    “He (Metuh) has lost sensation in his lower leg, this never happened before so this reinforces the fact that the circumstances of this application are different.”

    According to Etiaba, the exercise of discretion is always based on the material made available to the court and the ruling on the last two applications were based on material made available to the court at that time.

    He said that his client, by the fresh application, was presenting a new case before the court in line with the new fact that had emerged and prayed the court to consider the application.

    “It is not a case where the court will be viewed as being “functus officio” as the new application does not seek to re-open the previous applications, which were determined based on circumstances different from this one.”

    On the issue that the court had said it would not entertain a medical report from any doctor in Nigeria with regards to Metuh’s case, Etiaba said that they were relying on a letter from a neurosurgeon in the UK.

    “We rely on exhibit three, which is a letter from a world renowned neurosurgeon by name Adrian Cassy and the prosecution can bring its team of medical experts to examine the first defendant.”

    In the opposing argument, the Prosecutor, Mr Sylvanus Tahir, prayed the court to dismiss the application on grounds that it lacked merit and was an abuse of court process.

    “The latest application, being the third in the series, is an abuse of court process as the court has refused similar applications twice.

    According to Tahir, the only thing different about the latest application is the timing because the circumstance, which is the release of international passport on the grounds of ill health remains the same.

    The prosecutor noted that there was also no medical report from a foreign doctor attached to the application.

    Abang adjourned the matter until March 15 for continuation of arguments.

    Abang had earlier refused another application seeking permission for Metuh, who appeared in court on a wheelchair, to be absent from the proceedings based on his health.

    The judge had also earlier raised the question as to whether the court as constituted had the power to hear the application seeking the release of Metuh’s international passport.

    “The issues cited in the two previous rulings were the same and one of the reasons raised in that application was that Metuh is suffering from spinal cord ailment.

  • Alleged 400m fraud: Metuh has case to answer – Supreme Court

    Alleged 400m fraud: Metuh has case to answer – Supreme Court

    The Supreme Court ruled on Friday that a former National Publicity Secretary of the Peoples Democratic Party (PDP), Olisa Metuh, has a case to answer in the money laundering charges.

    Metuh was arraigned by the Economic and Financial Crimes Commission (EFCC) for laundering N400m and $2m respectively.

    A five-man panel of the Supreme Court led by Justice Dattijo Mohammed while ruling on appeals filed by Metuh and his company, Destra Investments Limited, unanimously affirmed the May 25, 2016, judgment of the Court of Appeal in Abuja.

    The Court of Appeal had dismissed the appeals for being incompetent and upheld the March 9, 2016, ruling of the Federal High Court in Abuja which dismissed the defendants’ no-case submission.

    Justice Ejembi Eko, who read the lead judgment on behalf of Justice Mohammed, held that as much as the Court of Appeal lacks the jurisdiction to hear the appeals, the Supreme Court too could not entertain the appeal arising from the incompetent appeals before the lower court.

  • Alleged N400m fraud: Court adjourns Metuh’s trial after arriving for trial in ambulance

    Alleged N400m fraud: Court adjourns Metuh’s trial after arriving for trial in ambulance

    The Abuja Division of the Federal High Court on Monday agreed to adjourn the trial of former Peoples Democratic Party spokesperson, Olisa Metuh, on health grounds.

    The court presided over by Justice Okon Abang granted the adjournment after seeing Metuh arrive the court on a stretcher on Monday.

    He is being charged with corruption for collecting N400 million from the Office of the National Security Adviser under Sambo Dasuki.

    Metuh’s lawyers led by a Senior Advocate of Nigeria, Onyeachi Ikpeazu, had made the application for adjournment during a previous hearing in January.

    Ikpeazu presented a medical report from a doctor at the Nnamdi Azikiwe Specialist Hospital to support his application.

    Reacting to the application, however, the prosecution counsel, Sylvanus Tahir, asked the court to revoke the bail granted Metuh, stressing that the court should consider Metuh’s absence as an attempt to jump his bail.

    In his ruling, Mr. Abang had expressed doubts that the medical report was sufficient to allow the application of the defendant.

    “This is not a post office. Anybody can sit in his house and write this,” Abang said.

    The judge said there was no evidence to prove that the medical report was authentic or that the medical doctor who signed the report actually existed.

    Abang then threatened to revoke the defendant’s bail if he did not present himself in court on Monday.

    After seeing Metuh in court on Monday, however, Mr Abang adjourned the matter, saying it was imperative that the court conducts itself in a humane manner.

    “The court must be firm in its decisions. It must also be seen to be fair to all parties. It is important for the court to also be humane. “I have seen the condition that the first defendant is. Seeing the condition, I am inclined to adjourn this matter to allow the first defendant attend his trial”.

  • BREAKING: Drama as Metuh appears in court on stretcher

    BREAKING: Drama as Metuh appears in court on stretcher

    There was a mild drama at the Federal High Court in Abuja on Monday after former National Publicity Secretary of the Peoples Democratic Party, Chief Olisa Metuh, appeared on a stretcher for his ongoing trial in respect of the N400m he allegedly received from the Office of the National Security Adviser in 2014.

    The trial judge, Justice Okon Abang, had to adjourn the matter due to the condition of the defendant.

    After the matter was adjourned, Metuh was taken to an ambulance of the National Hospital, Abuja, waiting outside the courtroom.

    He was driven off in the ambulance with number plate, 44Q 20FG, at about 10:27am on Monday.

    The case was adjourned till March 14.

  • Metuh admitted in intensive care of NAUTH, referred to UNTH

    Metuh admitted in intensive care of NAUTH, referred to UNTH

    A former Publicity Secretary of the Peoples Democratic Party, Chief Olisa Metuh, has been admitted at the Intensive Care Unit of the Nnamdi Azikiwe University Teaching Hospital, Nnewi.

    Metu, who is facing corruption charge, could not appear for his trial at an Abuja High Court on January 22 on health grounds.

    The Chief Medical Director of NAUTH, Prof. Anthony Igwegbe, who confirmed that Metu was on admission at the hospital, declined further comments, NAN reports.

    But a member of Metu’s family at the hospital expressed worries over his deteriorating state of health.

    Mr Luke Metuh, a family member, said Metu met with them last week and billed to return to Abuja but was rushed to NAUTH from Awka, Anambra capital, following a serious breakdown in the early hours of Saturday.

    He said his brother who had been visiting a hospital every month since 2016, was stabilised in the Intensive Care Unit before his referral to the University of Nigeria Teaching Hospital could be effected.

    He said, “He has had spinal cord related ailment which made him go about with waist brace for 15 years but it has deteriorated since he was held in custody and no longer get routine medical attention.

    “The doctor taking care of him has already referred him to UNTH, Enugu for further investigation and possibly surgery but is waiting for him to be stable before the movement in order not to aggravate the situation.

    “What we are appealing for is that he should be allowed to access the best of medical services,” he said.

    Meanwhile, the Economic and Financial Crimes Commission, EFCC, on Tuesday urged an Abuja Federal High Court to revoke the bail being enjoyed by Metuh.

  • Arms deal: ill-health stalls Metuh’s trial

    Arms deal: ill-health stalls Metuh’s trial

    The trial of former National Publicity Secretary of the Peoples Democratic Party, (PDP), Olisa Metuh, was stalled on Monday at the Federal High Court, Abuja, due to his ill–health.

    Metuh, who is standing trial alongside his company, Destra Investment Limited, was not in court, as Mr Onyechi Ikpeazu (SAN), his counsel told the court that his client was on admission at the Nnamdi Azikiwe Hospital.

    Ikpeazu, also presented a letter written to that effect by Dr O.C Ekwuegwu.

    He prayed the court for an adjournment to enable his client heal so that he would be fit enough to attend his trial.

    Counsel to EFCC, Sylvanus Tahir, argued that the application was a ploy to further delay the case.

    He, however, said that he conceded to an adjournment even though reluctantly and asked the court to adjourn the matter only to the next day, Jan. 23.

    The judge, Justice Okon Abang in his ruling noted that the matter was slated for the cross examination of the Metuh’s ninth witness by the prosecution.

    “The first defendant (Metuh) is absent in court today but the witness is in court. The first defendant’s counsel has presented a letter dated Jan.21 by Dr O.C Ekwuegwu of Nnamdi Azikiwe Hospital.

    “The letter says Metuh has been on admission since Jan. 20 on account of ill health.

    “I note that Tahir has reluctantly conceded to an adjournment so I am inclined to adjourn the matter in the interest of justice.”

    Abang adjourned the matter until Tuesday for cross examination of the ninth witness.

    Metuh is standing trial on a seven-count charge which involves laundering two million dollars and fraudulently receiving N400 million from the former National Security Adviser, Sambo Dasuki.

  • Subpoena: I won’t testify until Jonathan appears in court – Metuh

    A former National Publicity Secretary of the Peoples Democratic Party, Mr. Olisa Metuh, insisted before the Federal High Court in Abuja on Tuesday that whether or not he would testify or call additional witnesses in his ongoing trial would be dependent on what former President Goodluck Jonathan would tell the court in respect of the case.

    His lawyer, Mr. Emeka Etiaba (SAN), and the counsel representing his company — Destra Investments Limited — Mr. Tochukwu Onwugbufor (SAN), had earlier said this before the court on Monday.

    But the trial judge, Justice Okon Abang had, in a ruling on Monday, dismissed the submission as unknown to law.

    The judge stuck to the decision on Tuesday and ordered that Metuh would continue his defence on Wednesday, while ‎the court bailiff would make another attempt to serve Jonathan on December 11.

    “Whether a party will call a witness or not cannot be predicated on the evidence of a witness yet to be called,” Justice Abang ruled again on Tuesday.

    But Etiaba said he would appeal against the judge’s decisions.

    The Economic and Financial Crimes Commission had alleged in some of the seven counts preferred against Metuh and his company, Destra Investments Limited, that the ex-PDP spokesperson fraudulently received the sum of N400m from Office of the National Security Adviser without any justification and spent the funds on the party’s and personal affairs.

    Metuh was also accused of transacting with $2m cash said to be above the threshold of cash payments prescribed by the Money Laundering (Prohibition) Act.

    But Metuh had insisted that both the then NSA, Sambo Dasuki, who released the sum of N400m and, and Jonathan, who allegedly authorised the payment, were required to testify in the case.

    While the summons served on Dasuki had been successfully executed, following which the ex-NSA had testified in the case, the court bailiff had so far been unable to serve Jonathan personally.

    On Monday, while ordering the court bailiff to make another attempt to serve Jonathan with the witness summons, the judge insisted that the trial must continue with Metuh either testifying himself or calling another witness other than the former President as his next witness.

    The judge then fixed Tuesday for continuation of trial.

    But at the resumed hearing on Tuesday, Metuh’s lawyer, Etiaba, insisted that Metuh still wanted Jonathan to first testify before deciding on whether or not the defendant would personally testify in the case.

  • Court declines Metuh’s request to order Daura’s arrest

    Court declines Metuh’s request to order Daura’s arrest

    The Federal High Court in Abuja on Tuesday declined a request by a former spokesman of the Peoples Democratic Party, Olisa Metuh, that it orders the arrest of the Director-General of the Department of State Service, Lawal Daura, for failing to produce Sambo Dasuk, in court.

    Justice Okon Abang had on October 25 directed former National Security Adviser Dasuki and former President Goodluck Jonathan to appear in court on Tuesday in respect of the trial of Metuh.

    The judge, however, issued another subpoena on the DG of DSS to produce Dasuki in court on Tuesday.

    The court had earlier issued separate subpoenas on Dasuki and Jonathan upon Metuh’s application.

    While Dauski was not produced in court on Tuesday, Jonathan’s lawyer, Mike Ozekhome(SAN), appeared in court to challenge the subpoena issued to the former President.

    Ozekhome noted that ‎Jonathan had yet to be served but only read about the subpoena in the newspapers.

    A court registrar confirmed, upon an enquiry by the judge on Tuesday, that the court bailiff had not been able to serve the former President, who was said to be outside the country.

    Ozekhome, after he was granted permission to speak on the Dasuki issue, despite the objection of the prosecutors on record in the case, supported the call for Daura’s arrest, contending that the failure of the DSS to produce the ex-NSA in court on Tuesday amounted to taking the court for a ride.