The Nation Newspaper

Tag: Justice Abang

  • Metuh attends court on stretcher

    Metuh attends court on stretcher

    Former spokesman of the People’s Democratic Party (PDP), Olisa Metuh was brought to court Monday on a stretcher in compliance with an order of a Federal High Court, Abuja that he must attend court or have his bail revoked.

    Justice Okon Abang in a ruling on January 25, rejected a medical report tendered by Metuh’s lawyers, claiming he was on admission in an hospital. The judge noted that report was not properly before the court and did not meet the necessary requirement.

    Instead, Justice Abang agreed to an adjournment, but ordered Metuh to attend court on February 5, 2018 or have the bail earlier granted him revoked.

    In compliance with that order, his lawyer ensured he was brought to court early Monday in a white ambulance, bearing the name and logo of the National Hospital, Abuja.

    Metuh was later taken into the courtroom on a stretcher, with the assistance of some relations, friends and associates.

    He was covered with a white cloth, with an opening only in his head area, possibly to allow him breathe. He had bandage on his legs and a neck brace on.

    Metuh and his company, Destra Investment Limited are being tried on allegations of corruption and money laundering.

    When proceedings opened, Metuh’s lawyer, Onyechi Ikpeazu (SAN) told the court that his client was in court in obedience to the court’s order, but was not in a good state to stand trial.

    He sought a month’s adjournment to allow his client receive medical attention and within which he (Metuh) would have been fit enough to stand trial.

    Lawyer to Destra, Tochukwu Onwugbufor (SAN) associated himself with Ikpeazu’s position.

    Responding, lead prosecution lawyer, Sylvanus Tahir said he appreciated the 1st defendant’s (Metuh’s) health condition, having seen the manner he was brought to court.

    Tahir said he was not opposed to the defence’s request for adjournment for a month.

    He noted that none of the papers tendered by the defence suggested the length of time that the 1st defendant will be hospitalised, but added: “We leave the decision about the time to the discretion of the court.

    “May I disabuse the mind of everybody (the court, the gallery and the defence team) that we are prosecutors, not persecutors. And in doing that, we have no ill-will or ill-feeling against anybody,” Tahir said.

    In his reply, Ikpeazu appreciated Tahir for his understanding. And, as regard when his client will be fit for trial, Ikpeazu said the doctors were not categorical.

    He said: “We believe that within the one month that we have asked, and we pray extensively to that effect, that the 1st defendant should be fit to continue with his trial

    “That period is a reasonable period for the medial doctors to enter a proper evaluation and assessment of the state of health of the 1st defendant. We fervently hope and pray that he will be fit to continue with this trial,” Ikpeazu said.

    Ruling, Justice Abang said he was mindful of granting the adjournment sought by Metuh’s lawyer in view of his state of health and since the prosecution did not oppose the request for adjournment.

    The judge added: “A court of law must be firm in its decision. A court of law must be fair to parties in a matter placed before it. And, when occasion demands, a court of law must also be humane.

    “I have seen the condition that the 1st defendant is in the courtroom. On the account of the condition in which I have seen the 1st defendant in the courtroom, I am inclined to exercise my discretion in his favour in adjourning this matter, at his instance, to enable him receive medical treatment.”

    Justice Abang adjourned to March 14 for possible continuation of trial in the case.

  • Metuh asks judge to withdraw from trial

    Metuh asks judge to withdraw from trial

    The former National Publicity Secretary of the Peoples Democratic Party (PDP), Olisah Metuh, on Thursday asked Justice Okon Abang of the Federal High Court, Abuja, to disqualify himself from continuing with his trial.

    Metuh, who made an oral application through his counsel, Mr. Onyeachi Ikpeazu (SAN), said he no longer has confidence in the court presided over by Abang.

    The application followed the court’s refusal to grant two applications filed by Metuh, one praying the court to summon the former National Security Adviser, Sambo Dasuki by way of a subpoena to testify as witness.

    The other application, the court refused was one praying it to release Metuh’s international passport to enable him travel abroad for medical treatment.

    Abang said the court had in May 2016 refused Metuh’s application for the release of the passport and wondered why a similar application was brought before the court.

    ” The defendant ought to have appealed the earlier ruling. This is not a sentimental or sympathetic issue. It is purely an issue of law. The applicant should not create problems for the court,” Abang said.

    While refusing the application to summon Dasuki for lacking in merit and substance, the court held that Dasuki was not a compellable witness in the trial.

    According to Abang, there is no record before the court to prove that the defendant has made any effort to approach the authority holding Dasuki to ask for his release.

    The judge said, “It is not the duty of the court to compel anyone to come and give evidence in court when that person is not a compellable witness.

    “The name of Dasuki was not included in the list of witnesses filed by the defendants. The question is, at what stage did the defendant make up his mind to include Dasuki’s name in its lists of witnesses?”

    NAN

  • Appeal Court delivers judgment in Metuh’s case Wednesday

    Appeal Court delivers judgment in Metuh’s case Wednesday

    The Court of Appeal in Abuja will Wednesday deliver judgments in the appeal by spokesman of the Peoples Democratic Party (PDP), Olisa Metuh.

    The Nation learnt Tuesday that parties in the case have been issued hearing notices to that effect.

    A three-man panel, head by Justice Abdul Aboki had on May 5 told parties that they would be informed of the date for judgment.

    Metuh and his company, Destra Investment Limited are appealing the ruling by Justice Okon Abang of the Federal High Court, Abuja.

    Justice Abang had, in the ruling, refused their no-case submission and ordered them to enter defence in their trial for money laundering and unlawful receipt of funds from the Office of the National Security Adviser (ONSA).

    Metuh and his company are being tried on a seven-count charge. At the completion of the prosecution’s case earlier this year, having called eight witnesses, the court called on the defence to open its case.

    Rather than conducting their defence, Metuh and Destra elected to make a no-case submission, which Justice Abang rejects in a ruling.

    Justice Abang was of the view that the prosecution has provided sufficient evidence to establish a prima facie case against the defendants to warrant the court to call on them to enter defence.

    Metuh’s lawyer, Onyechi Ikpeazu (SAN) and lawyer to his company, Tochukwu Onwugbufor (SAN), had while adopting their briefs on May 5, faulted Justice Abang’s reasoning in rejecting their clients’ no-case submissions.

    They urged the court to set aside Justice Abang’s decision, uphold their clients’ no-case submission and quash the charges against them.

    Responding, prosecution lawyer, Sylvanus Tahir urged the court to dismiss the Appeal for lacking in merit and for being defective.

    Tahir noted that the appeal being an interlocutory one, the appellants were required under the law, to first obtain the leave of the trial court.

    He argued that, having not fulfilled the condition precedent, the appellants could not claim to have a valid appeal before the court.

     

  • I have no relationship with Metuh – Justice Abang

    I have no relationship with Metuh – Justice Abang

    *Judge replies Metuh’s petition

    The judge handling the trial of the spokesman of the Peoples Democratic Party (PDP), Olisa Metuh has said he had neither social nor work relationship with the politician.

    Justice Okon Abang of the Federal High Court, Abuja said he did not know Metuh during his (the judge) practice as a lawyer and while in school.

    The judge’s position is contained in his response to a petition written against him by Metuh to the Chief Judge of the Federal High Court, Justice Ibrahim Auta.

    Justice Abang’s response is dated March 23.

    Metuh had, in the petition written against by one of lawyers, Emeka Etiaba (SAN), claimed among others, that the judge was his classmate at the Law School in 1988 and that he last met the judge late last year at the Meridien Hotel, Akwa Ibom.

    Metuh, who said he was worried he could not get justice before the judge, accused him (Justice Abang) of bias and of deliberately refusing to release records of proceedings to enable him appeal the judge’s earlier decisions.

    The PDP spokesman, whose move is seen as attempt to scuttle his trial, is praying Justice Auta to transfer the case to another judge to commence afresh.

    Metuh and his company, Destra Investment Limited were arraigned before Justice Abang in January on a seven-count charge, in which they were accused of retaining proceeds of unlawful act and engaging in money laundering.

    The prosecution closed in February after calling eight witness. But, rather than open their defence, Metuh and his firm made a no-case submission.

    In a ruling on March 9 Justice Abnag rejected the no-case submission, on the ground that the prosecution has established a case against Metuh and his company, requiring them being called upon to enter defence.

    Rather the open his defence,Metuh, on March 11 petitioned the court’s Chief Judge, raising sundry accusations against Justice Abang and requested the transfer of the case against him to another judge.

    Lead prosecution lawyer, Sylvanus Tahir said he was not served a copy of Metuh’s petition as required.

    Justice Abang, in his response to Metuh’s petition, a copy of which The Nation sighted in Abuja, although he neither knew nor had any relationship with Metuh, it was impossible for the relationship Metuh claimed existed between them to affect the facts and laws in relation to his (Metuh’s) trial.

    “With respect to the first issue that the petitioner Emeka Etiaba (SAN) stated that the 1st defendant in Charge FHC/ABJ/CR/05/2016 was my classmate in the Nigerian Law School, my Lord, for the records, I was at the Law School in 1987/88 Academic Session.

    “I am not aware that Olisa Metuh was my classmate in the Nigerian Law School. I cannot recall seeing him in the time session in my time. In the law school, we were over 1,000 students and we had then two sessions, morning that I attended.

    “He is not from my place, Oron, in Akwa Ibom State. I did not see him as a student in University of Calabar that I attended between September 1983 till June 1987.

    “I have never met him in practice anywhere in the country before I was elevated to the bench in June 2009. Again, he claimed he met me in Le’ Mariden Uyo late last year.

    “I was not in Le’ Meriden Uyo late last year . I had no function that I attended in Le’ Meriden Uyo late last year. I did not meet him in Le’ Meriden Uyo late last year.

    “If the records show that he is a lawyer and was called to Nigerian Bar on November 3, 1988, which record I am yet to see, that cannot affect the facts and the law.

    “I attended recently my class reunion meeting in Abuja, Lagos and Enugu, I did not see Olisa Metuh in the places I mentioned. I am not related to Olisa Metuh in any way, I do not know where he comes from,” Justice Abang said.

    On Metuh’s allegation that majority of the judge’s rulings was in favour of the prosecution, Justice Abang noted that as a lawyer, Etiaba knew what option exists for a party, who is not comfortable with a court’s decision.

    “As regard the issue that I made interlocutory decisions in favour of the prosecution in the matter, my response here is simple. And that is, that I am entitled to give decisions in matters placed before me for adjudication having heard parties.

    “That is why there are appellate courts. If he is dissatisfied with those decisions, I think Emeka Etiaba (SAN) ought to know what to do.

    “As regard the alleged non-release of the record of proceedings, I think Emeka Etiaba (SAN) is not fair to me at all. I will leave him to his conscience. He has an improper motive in this regard.

    “For the records, my lord, the defendant applied for the Certified True Copy of proceedings at the time proceedings were going on from day to day. I approved same and directed my secretary to type the proceedings.

    “The proceedings were bulky in nature because I heard the case from day to day. When the secretary concluded typing the proceedings, I abandoned all other matters before me and concentrated on checking the typed proceedings to be in line with what were in the court’s records.

    “When I proof-read the proceedings and was satisfied that it represents what transpired in the open court, I endorsed same for certification and released the proceedings to them on March 15, 2016,” Justice Abang said.

    When parties were last in court on March 24, Justice Abang noted that Metuh, in addition to his petition, has applied to the judge to disqualify himself from further trying the case, raining similar issues as contained in the petition.

    The PDP spokesman has also applied to the court for an indefinite stay of proceedings pending the determination of his appeal.

    On March 24, Justice Abang adjourned to April 8 for hearing of the both applications by Metuh.

    The judge said the outcome of his rulings on the applications would determine the future of the case.

    ‎” If the application for stay of proceedings fails, the defendant will be at liberty to open is defence for the last time,” the judge said.

  • Jonathan’s ex-aide Kuku loses bid to stop arrest

    Jonathan’s ex-aide Kuku loses bid to stop arrest

    The Federal High Court in Lagos Wednesday dismissed an application by a Special Adviser to former President Goodluck Jonathan on Niger Delta Affairs, Kingsley Kuku, from arresting him.

    Kuku had urged the court to restrain anti-corruption agencies from arresting and prosecuting him over allegations of corruption.

    But, Justice Okon Abang held that the application lacked merit.

    “This application lacks merit and is hereby dismissed. I so hold,” said the judge.

    Justice Abang refused Kuku’s prayer to stop the Economic and Financial Crimes Commission (EFCC) and the Department of State Services (DSS) from arresting and probing him.

    The judge, however, said should Kuku be arrested, he should not be detained beyond 48 hours.

    Justice Abang said detaining Kuku beyond 48 hours would be in contravention of Section 35(4)(5) of the 1999 Constitution.

    According to the judge, ‎EFCC has a statutory obligation to investigate Kuku over alleged financial impropriety.

    The court also held that the anti-graft agency has the right to arrest Kuku if he refuses to honour invitation.

    The judge disagreed with the submission that any move to invite Kuku was politically motivated.

    After assuming jurisdiction in the case, Justice Abang held: ‎”It is in my humble view that the invitation sent to the applicant is lawful and constitutional.

    “The court cannot stop a statutory institution from performing it constitutional duty.”

    The court, however, restrained the respondents from arresting the applicant unlawfully, noting that his arrest must follow due process.

    Kuku sued the Attorney-General of the Federation, EFCC, the Independent Corrupt Practices Commission (ICPC), the Inspector-General of Police (IGP), the DSS and the Nigerian Immigration Service.

    He alleged there was “a plot by the respondents to concoct, fabricate or falsify evidence in order to provide a basis for the arrest, detention, persecution and/or prosecution of the applicant (Kuku) for political reasons…”

    According to him, it was “in furtherance of the unconscionable use of the otherwise laudable war against corruption to repress the political opposition constituted by the leaders of the Peoples Democratic Party (PDP), including the applicant.”

    Kuku sought a declaration that any such invitation, arrest, harassment or prosecution on the basis of allegations of corruption in respect of his tenure as Chairman of the Amnesty Programme between 2011 and 2015 is a breach of his right to fair hearing and freedom of movement.

    Similarly, he sought an order prohibiting the respondents from arresting or prosecuting him on the basis of the allegations.

    The Auditor-General of the Federation had raised questions over alleged mismanagement of funds in reports of audit monitoring and evaluation of the amnesty programme.

    Kuku’s lawyer Mr Ajibola Oluyede said the respondents were about to abuse the criminal process by seeking to arrest his client.

    “There is an illegal and unjustifiable intigation of the criminal process against the applicant in a manner that infringes upon his fundamental rights enshrined in Chapter 4 of the 1999 Constitution,” he said.

    But the AGF’s and IGP’s counsel, Mr Tijani Gazali, urged the court to dismiss Kuku’s application.

    He said Kuku was only invited to clear allegations of corruption against him, adding that there was no plot to violate his rights.

    “We only invited him to ensure his right to fair hearing. It was only an invitation. Instead, he has run to the court to be conferred with immunity so as not to be investigated. He was invited so as to tell his own side of the story,” Gazali said.

  • Court dismisses Oduah’s suit over bullet-proof cars’ probe

    Court dismisses Oduah’s suit over bullet-proof cars’ probe

    Justice Okon Abang of the Federal High Court Wednesday  dismissed a fundamental rights suit filed by Senator Stella Oduah.

    The judge upheld an objection by the Attorney-General of the Federation (AGF) Abubakar Malami (SAN).

    Justice Abang said he lacked jurisdiction to determine the case because what was complained about did not occur in Lagos.

    He awarded cost of N15,000 against Oduah, to be paid to the AGF.

    Justice Mohammed Yunusa, now of the Enugu Division, had last August 26 granted an interim injunction restraining anti-graft agencies from taking any action against Oduah pending the determination of her suit.

    It is over the 2013 purchase of two armoured BMW cars for over N255million by the Nigeria Civil Aviation Authority (NCAA) under her watch.

    The case was later re-assigned to Justice Abang who had adjourned for judgment before he was transfered to Abuja Division.

    He returned to Lagos to deliver the verdict.

    Justice Yunusa had barred the Independent Corrupt Practices and other Related Offences Commission (ICPC), the Economic and Financial Crimes Commission (EFCC), the AGF and the Inspector-General of Police from inviting the former minister for interrogation.

    The order was to subsist until Wednesday’s  judgment.

    Dismissing the suit, Justice Abang upheld the AGF’s preliminary objection which challenged the court’s jurisdiction.

    The judge held there was no evidence that the former minister’s right was to be violated in Lagos.

    Besides, the judge said it would not amount to a violation of her right if the Federal Government had any valid reason to arraign Oduah in a Lagos State High Court as she alleged.

    AGF contended that by virtue of Section 46(1) of the Constitution and Order 2 Rule 1 of the Fundamental Rights Enforcement Procedure, only a court within the state where Oduah’s rights were allegedly violated could hear the case.

    “From the whole of the applicant’s averments, there is nowhere she mentioned that her right was or is being breached by the respondents within the territorial space called Lagos.

    “There is nothing to show that the applicant was invited, arrested or detained in Lagos by any of the respondents in the suit.

    “The Federal High Court sitting in Lagos cannot assume jurisdiction to entertain alleged breach of fundamental rights did not take place in Lagos State,” AGF’s lawyer T.A. Gazali argued.

    Justice Abang agreed with Gazali’s submissions.

    The AGF also said Oduah had not established any cause of action against it, having not proved that she had been invited, arrested or detained by the AGF.

    “The applicant’s suit is not in conformity with Order IX of the Fundamental Rights Enforcement Procedure Rules 2009, hence null and void.‎ The applicant’s case for the most part is hypothetical and speculative,” Gazali said.

    The vehicles, bought under Oduah’s watch as aviation minister, were said to have cost N255million, an amount that sparked huge outrage.

    Oduah, in a supporting affidavit to the suit, had justified the 2013 purchase of two bullet-proof BMW cars by the Nigerian Civil Aviation Authority (NCAA).

    The former minister, who represents Anambra North Senatorial District in the Senate, said the vehicles were bought for the use of International Civil Aviation Organisation (ICAO) officials who were in the country to inspect and certify the 22 airports being rehabilitated under her watch.

    According to her, the vehicles were acquired to safeguard the foreign officials lives so that they would not be attacked by the rampaging Boko Haram insurgents who were causing havoc in the Northeast.

    Oduah said the bullet proof cars were especially necessary because the visit of the airport inspectors coincided with “the peak of Boko Haram terrorists’ menace in the country, when the United Nations building and the headquarters of the Nigeria Police Force were bombed in Abuja.”

    “It was thus imperative that the NCAA, which is an apex regulatory authority in the Nigerian aviation industry, operating under the SARPs of the ICAO and subject to assessment by ICAO, acquire its own armoured vehicles for the use of the ICAO officials coming for inspection and certification at the time,” Oduah said.

    She added that the bullet-proof vehicles were captured in the 2013 budget, adding that they were duly procured in line with the Bureau of Public Procurement regulations.

    Oduah said the bid to arrest her for a crime she did not commit began as the general elections approached.

    According to her, the House of Representatives led by Aminu Tambuwal (now Sokoto State governor), and its Committee on Aviation, were especially out to get her.

    But the lawmakers’ move, she said, was part of a grand plan by the All Progressives Congress (APC) to capture power by all means.

    The party, she said, carried out a campaign of calumny by “demonising” the most visible leaders of the Peoples Democratic Party (PDP).

    Being a frontline PDP member, she also became a target, especially as she was seen as playing a crucial role towards the realisation of President Goodluck Jonathan’s re-election bid.

    She said as part of the APC’s campaign of calumny against her and others, the party’s leadership commissioned some faceless organisations to write letters to the House of Representatives Committee on Aviation.

    Among others, she said she was falsely accused of “all manners of corrupt practices and offences in respect of my stewardship as Minister of Aviation.”

    Oduah said was shocked by the allegations because the aviation ministry under her watch was run in the cleanest manner imaginable.

    The former minister said despite her selfless service to Nigeria and the posive changes made by the ministry under her  watch, including the revamping of the country’s air transportation, Tambuwal still ordered her investigation based on the petitions containing “spurious and wild allegations.”

    She said because of her electoral value and strategic politicking, she had been a target of the ploy by the APC to weaken the PDP and distract its leaders with trumped up charges.

    According to her, part of the APC plan was to charge PDP leaders “in a criminal trial in a Lagos State Government-controlled court.”

    Oduah said unless the court intervened, “the APC will unleash repression against her and others and this may cause the country to recede to a one-party state, with gross adverse effects and irreparable damage to our nascent democracy.”

  • Forceful eviction: Court awards N10m against FG

    The Federal Government has been ordered to pay N10 million compensation to a civil servant, Mrs. Olamide Ogungbe, for unlawfully evicting her from a staff quarters.

    Trial judge, Justice Okon Abang while ordering her reinstatement on the property located at 5A, Sasegbon Street, GRA, Ikeja, nullified the sale of the said property.

    Justice Abang ordered that Ogungbe be given possession of what is on the land, if the original structure has been demolished, just as he ordered that anyone occupying the land be ejected.

    The claimant had dragged the Minister of Works and Urban Development; Implementation Committee on Alienation of Federal Government Landed Property and the Attorney-General of the Federation to court in a N100million suit for forcefully ejecting her from her staff quarters in April 2010.

    She claimed that she was first allocated a three-bedroom apartment at 18B, Ladoke Akintola Street, GRA, Ikeja, but later applied for a change of official quarters which was approved in January 2005.

    She claimed that over 30 armed soldiers invaded the house, held her and her children hostage for 12 hours, and forcefully ejected them.

    “The defendants subsequently demolished the house and in the process I lost N1 million and other valuables I kept in the house,” she said.

    According to the claimant, the government ejected her without adequate notice, adding that she was not given right of first refusal over the property before it was sold to a third party.

    The government in ejecting the claimant averred that anyone whose allocation letter came after April 1, 2004 was not entitled to right of first refusal.

    It said because Ogungbe’s allocation letter was dated January 31, 2005, she was disqualified as a legal sitting tenant, adding that the guidelines did not provide for exchange of quarters.

    Delivering judgment, Justice Abang said the plaintiff had been in government quarters before April 1, 2004, and had lived there since 1992.

    He said if the tenant was still leaving in Ladoke Akintola Street, she would not have been affected by the claim that her allocation letter to a new apartment disqualified her.

    “Her change of accommodation cannot make her lose her status as a legal tenant. She only applied to be given a new place to suit her status.

    “The action of the second defendant is distasteful and was done in bad faith. It ought not to have received payment of N66million for the property and should have offered the plaintiff the right of first refusal.

    “The action of the second defendant was oppressive, high-handed and depicts gross abuse of powers

    “No proper notice to quit the premises was served on her.

    “Her self-esteem was lowered in the eyes of the public. She was disgraced and thoroughly humiliated, after 25 years of service, as if we’re in a country where there’s no law and order.

    “The action of the first and second defendants was without reasonable and probable cause,” the judge said.