A Federal High Court in Abuja heard yesterday that spokesman of the Peoples Democratic Party (PDP), Olisa Metuh paid the N400 million he allegedly received from the former National Security Adviser (NSA), Mohammed Sambo Dasuki into a Diamond Bank account.
An Account Officer with the bank, Eno-Mfon Effiong disclosed while testifying as the fourth prosecution witness in Metuh’s trial before Justice Okon Abang.
She said Metuh and his company, Destra Investment Limited maintain five accounts with the bank.
Effiong, who was lead in evidence by the lead prosecution lawyer, Sylvanus Tahir, said the balance in Destra’s account November 24, 2014 was N6,676,576.06 before the payment N400m by the office of the NSA.
The company was said to have opened the account in February 2013.
The witness said the company’s account statement showed that the narration of the N400m transaction showed that the money was paid into the account by the NSA.
Effiong said she had been managing Destra’s account since it was opened on February 10, 2013.
”Also on January 4, 2016, the EFCC sent another letter to Diamond Bank Plc requesting an additional information as regards the instrument that were used in carrying out some transactions on Destra Investments Limited’s account. The bank also forwarded the documents to the bank
“The instruments were cheques for payments. I can’t recall all of them,” the witness said.
Effiong added: “The statement of account has credit and debit transactions and it is on the bank’s letter head.
“On November 24, 2014 there was a credit into the account of Destra Investment Limited. The amount was N400m. The narration was CBN/CIFTS/NAT Security ADVIS. In simple terms it means a credit from National Security Adviser.
“Shortly before the inflow, the balance on the account was N6,676,576.06.”
Under cross-examination by the defence counsel, Effiong confirmed that she was not surprised to see the credit of N400m on Destra’s account because Metuh was a “high net worth customer”
She said, “Before the lodgment of N400m into the account, he (Metuh) could be described as high net worth customer.
“High net customers are customers who really have high inflow, credits, into their accounts. This is usually because the person is usually a captain of industry, a high earning individual or an established businessman.
“I was therefore not surprised when I saw the N400m in-flow into the account.
The EFCC is prosecuting Metuh and Destra Investments Limited on seven counts of money laundering and alleged fraudulent receipt of N400m, which was allegedly part of funds meant for security services, but was used by the defendants for PDP’s campaign activities.
An earlier move by the prosecuting counsel to tender the company’s bank statement and documents relating to EFCC’s investigation as well as others pertaining to the bank account was opposed by the defence lawyer, Emeka Etiaba (SAN).
Etiaba complained among others that some of the documents did not fulfill the provisions of the Evidence Act as they were not tendered through the makers, while some others were not certified as specified by the law.
He particularly objected to the admissibility of a letter by Diamond Bank responding to some requests by the EFCC with respect to Destra’s bank account.
The letter was erroneously dated January 5, 2015 instead of January 5, 2016, and the defence on the basis of that contended that the document was not admissible because it was not the same as the witness earlier referred to in Effiong’s evidence-in-chief.
The judge dismissed the argument while upholding Tahir’s submission to the effect that despite the error in the date of the letter, it was clear that it was written in response to a letter by the EFCC dated December 30, 2015.
“This can only affect the weight to be attached to it at the level of final address not the weight,” the judge ruled.,
The judge also held that contrary to the contention by Etiaba, all the documents met the standard of admissibility set out in the Evidence Act.
He held that it was immaterial that the witness through whom the prosecution tendered the bank documents on Wednesday was not the maker, in as much as she was an employee of the bank
The court also held that the EFCC letters tendered by the prosecution needed no certification as contended by the defence.
The exhibits admitted on Wednesday included a letter by EFCC to Diamond Bank dated December 30, 2015 and another one by the commission to the bank dated January 4, 2016.
Both letters were said to be dated Investigation activities Destra Investment Limited.
The others included Diamond Bank’s response letter dated January 5, 2015, Certificate of Identification dated January 11, 2015 and signed by Matilda Obigho of Compliance Department of the bank.
However, Metuh’s hope for a sooner freedom from prison detention received a boost on Wednesday, the court in a ruling altered the bail terms which it imposed on him on January 19.
By the judge’s ruling granting in part Metuh’s application for variation of the bail conditions, the PDP spokesperson would no longer be required to produce two sureties who must have property strictly in the Maitama area of Abuja.
While the bail sum of N400m and other attached conditions remain, Metuh’s proposed sureties, who the court insisted must be resident in Abuja, could now be owners of property with valid title documents “in any district of the Federal Capital Territory”.
The court delivered a bench ruling on the application filed on January 26 shortly after ýMetuh’s lawyer, Etiaba, moved it on Wednesday.
The court in its ruling, however, rejected an aspect of Metuh’s application seeking the removal of the bail condition directing the prosecuting counsel, Tahir, to within 24 hours of being notified, verify the addresses of the proposed sureties and the certificates of occupancy of the property to be presented by them.
The court rejected the second leg of the application despite disregarding the opposition by prosecuting counsel to that aspect of the prayer for failing to file his objection to the application within 24 hours earlier given him to do so.
The judge upheld Etiaba’s request that Tahir’s submissions be ýexpunged from the court’s records but still went ahead to rule that, “As regarding the second leg of the application, I think the first defendant (Metuh) is asking for what is not legally permissible.”
Wednesday made the eighth day since Metuh was granted bail but had remained in prison detention due to his inability to fulfil the terms.
He has spent 12 days in custody from the date of his arraignment on January 15 on charges of money laundering and fraudulent receipt of N400m, part of funds allegedly meant for procurement of arms, from the Office of the National Security Adviser in November 2014.
Metuh’s trial resumes today.