Eric Ikhilae, Abuja
A High Court of the Federal Capital Territory (FCT) in Maitama, Abuja, has rejected the “no-case” submission made by former National Publicity Secretary of the Peoples Democratic Party (PDP), Olisa Metuh, in his trial for alleged destruction of evidence.
In a ruling on Thursday, Justice Ishaq Bello held that he was convinced that the prosecution had established a prima facie case against Metuh to warrant his being called to enter a defence.
Justice Bello said, after reviewing arguments by parties, “the view of this court is that the application for a no-case submission is lacking in merit. It is hereby dismissed”.
The judge ordered Metuh to enter defence on the prima facie case established against him by the prosecution, led by Sylvanus Tahir.
Read Also: Dasuki Gate: Court admits Metuh’s account of N400m expenditure in evidence
The prosecuting agency – the Economic and Finance Crimes Commission (EFCC) – had accused Metuh of destroying part of the statement he made to investigators.
This happened while he was being probed on the alleged looting of funds meant for the purchase of arms and ammunition under former President Goodluck Jonathan administration.
The charge reads: “That you, Olisa Metuh, in January 2016 while in the custody of the EFCC, attempted to destroy evidence to prevent its production in court during trial, contrary to Section 1 of the Panel Code.
“That you, Olisa Metuh, with intent to cause damage to the property of the EFCC, tore into pieces the statement you made under caution, contrary to Section 326 of the Panel Code and punishable under Section 327 of the same code.”
The ruling, delivered on Thursday by Justice Bello, is coming over a year after parties made their final submissions on the “no-case” submission.
The prosecution had closed its case on October 10, 2016, after calling two witnesses.
The defence thereafter made a “no-case” submission in which he argued that the prosecution failed to establish a prima facie case against Metuh to warrant his being called to enter defence.
It prayed the court to dismiss the case.
Parties adopted their written addresses in the “no-case” submission on January 31, 2018.
The judge adjourned for ruling, which was not delivered after several adjournments.
This prompted the prosecution to write the court last week, praying that a date be set for the case.
Leave a Reply