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Tag: Justice Okon Abang

  • Court withholds judgment in suit against defection of Saraki, Dogara, 52 others

    A Federal High Court in Abuja has withheld its judgment earlier scheduled to be delivered on Thursday in a suit challenging the propriety of the defection of Senate President, Bukola Saraki, House of Representatives’ Speaker, Yakubu Dogara and 52 other members of the National Assembly from their former political parties.

    Justice Okon Abang’s decision not to deliver the judgment on Thursday, in the suit filed by a group, the Legal Defence and Assistance Project (LEDAP) was informed by request from lawyer to the lawmakers, who pleaded for opportunity for their clients to be heard in the case in spirit of fair hearing.

    For about five hours, plaintiff’s lawyer, Ede Uko and lawyer to the defendants (lawmakers), Mahmud Magaji (SAN) were locked in hot argument on whether or not the court should proceed to deliver its scheduled judgment or afford the defendant the opportunity of being heard.

    In a ruling, Justice Abang expressed displeasure at the legislators’ conduct in refusing to participate in the proceedings from inception, and failing to file their defence in the suit despite being served with the plaintiff’s originating processes and the court’s hearing notices.

    Justice Abang, who commended Uko for effectively countered the legislators’ efforts to frustrate the proceedings, however, noted that the court could not close its eyes to the processes filed by the defendants.

    She added that: “The right to be heard is a fundamental right.”

    He adjourned to Friday for the hearing of the defendants’ motion for extension of time within which to file their defence and any other processes filed.

    In the substantive suit, marked FHC/ABJ/CS/996/2018 and filed on September 14, 2018, the plaintiff prayed the court to compel the affected legislators to, not only vacate their seats in the National Assembly, but also refund all allowances and remuneration they received since their defection.

    LEDAP equally prayed for an order compelling the Independent National Electoral Commission (INEC) to conduct by-elections in the constituencies of the defecting lawmakers.

    It is LEDAP’s contention that by Section 68 (1) (g) of the Constitution “any member of the National Assembly, who resigns from the political party that sponsored his election into the National Assembly, before the expiration of the term for which he was elected, automatically loses his seat in the Assembly, unless saved by the exception under that section.”

    LEDAP cited a Supreme Court’s decision in the case of Hon. Ifedayo Abegunde v. The Ondo State House of Assembly and argued that the only justification for members of the National Assembly to lawfully defect from their parties lies in the existence of a division in their parties or a merger between their parties and others.

    The affected lawmakers listed in the suit were 17 senators and 37 members of the House of Representatives, who defected from the parties, on which platforms they rode to the Legislature.

    They include Saraki, and Dogara, who defected from the All Progressives Congress (APC) to the People’s Democratic Party (PDP) and Godswill Akpabio, who left the PDP for the APC. Others also left either APC and PDP for other parties.

    Other than Saraki and Dogara, some Senators also affected by the suit include Senators Godswill Akpabio, Dino Melaye, Shehu Sani, Rabiu Kwawanso, Barnabas Gemade and Lanre Tejuosho.

    Beside the 54 lawmakers, the plaintiff also listed the Attorney-General of the Federation (AGF), INEC, the Deputy Senate President, Ike Ekweremadu, and the Deputy Speaker of the House of Representatives as defendants.

  • Court suspends judgment on suit seeking to sack Saraki, other lawmakers

    The Federal High Court, Abuja has suspended delivery of judgment in a suit filed by an advocacy group, Legal Defence and Assistance Project, (LEDAP) seeking the sack of Senate President, Bukola Saraki and 55 other lawmakers.

    LEDAP dragged Saraki and the 55 other lawmakers to court seeking a declaration that they were no longer members of the National Assembly having defected to other political parties before the expiration of their tenure.

     The group, in their suit filed on Sept. 14, 2018, prayed the court for an interpretation of Section 68(1)(g) of the 1999 Constitution.

    This was with regards as to whether any member of the National Assembly who resigns from the political party that sponsored his election before the expiration of the term for which he was elected, automatically loses his seat in the assembly.

    The group was also seeking a declaration that the lawmakers were no longer entitled to receive any remuneration due to a member of the National Assembly and that any of such remunerations after their date of defection be refunded to the Federal Government.

    LEDAP in the suit also prayed the presiding members of the National Assembly to declare vacant, the seats of the defectors.

    They had argued the matter in court with only a counsel to the Senate President being represented once while the other defendants never sent representation.

    The court, being satisfied that the processes were served on all parties but they chose to disrespect the court and stay away, allowed the plaintiff to argue his case and fixed April 11 for judgment.

    When the matter was called on Thursday for judgement, counsel to Saraki and the other lawmakers, Mr. Mahmud Magaji, SAN, urged the court to tarry in delivering judgment to hear from the defence team in order to deliver a better informed judgment.

    “The court should wait a while and hear from the other side now that certain facts are available to it.”

    He further contented that in law, once an issue of jurisdiction was raised, it behooved on the court to hear it first before handling any other issue in the matter.

    Magaji also challenged the jurisdiction of the court to hear the matter on the grounds that the plaintiffs had no “locus standi” to file the suit.

    According to him, they are only busy bodies and meddlesome interlopers.

    The counsel to the plaintiff, Mr Ede Uko, however, argued that the defendant’s counsel was only attempting to arrest the judgment of the court.

    According to him, the law is trite under our jurisprudence that the judgment, particularly the final judgment of the court cannot be arrested.

    “I submit with respect that the application of the defendants seeking to arrest this judgment is misconceived and completely incompetent.

    He referred the court to several Supreme Court rulings where it was firm to say that no antics of parties could be allowed to be used to frustrate the administration of justice.

    Uko further argued that the conduct of the defence in the matter was not worthy of sympathetic consideration since they were duly served with all processes of the court and they even briefed a counsel to handle the matter.

    He said it was not the fault of the plaintiff that the said counsel failed to appear in court again seeing that the defence had nothing to file but to concede to the claims of the plaintiff.

    ” What the defence is seeking to hold onto is like a drowning man seeking to hold onto imaginary straws to keep afloat that is why they are coming to fish for defects even in the court, ” he argued.

    He prayed the court to discountenance and dismiss the application of the defendants and deliver the already prepared judgment not minding whose ox was gored.

    The trial judge, Justice Okon Abang, in a bench ruling said that although he agreed with the argument of the plaintiff’s counsel, delivering the prepared judgment would be a wrong exercise of the court’s discretion.

    He held that the defendants waved their right to defend the matter and that the conduct of the lawmakers did not deserve a sympathetic consideration.

    “The defendants had sufficient time to challenge this suit but failed. They allowed the plaintiff to incur cost to prosecute this matter and also allowed the court to painstakingly prepare judgment.

    ” They are now in court trying to arrest the judgment, ” the judge held.

    He, however, maintained that notwithstanding what the plaintiff and the court had gone through, the right of the defendants to be heard was a fundamental matter.

    “I think the defendants should be heard before judgment is given.

    ” It will be a breach of the fundamental right of the defendants to fair hearing, though  they came late into the matter, for the court to proceed and deliver judgment.

    “I will reluctantly suspend delivery of the judgment to allow the defendants to be heard,” the judge said.

    He added that since time was of the essence, the defendants were ordered to serve the plaintiff their application for the enlargement of time by Thursday.

    The judge also ruled that a fresh date will be given for judgement as soon as the defendants were heard.

    He adjourned the matter until April 12.

    Some of the other lawmakers involved as defendants are; senators Godswill Akpabio, Dino Melaye, Rabiu Kwankwaso, Lanre Tejuosho, Shaba Lafiaji, Barnabas Gemade, Abdulaziz Nyako among other senators and members of the House of Representatives.

    The Independent National Electoral Commission, (INEC) and the Attorney-General of the Federation are also defendants in the matter.

  • N29bn alleged fraud: Court admits more evidence against Nyako

    The Federal High Court Abuja on Monday, has admitted in evidence, documents tendered by the prosecution, through the 20th prosecution witness,  Mr Chris Odofin, in the N29 billion fraud trial filed against a former governor of Adamawa, Murtala Nyako.

    The News Agency of Nigeria (NAN) reports that Nyako is being prosecuted alongside his sons, Sen. Abdul-Aziz Nyako, Abubakar Aliyu and Zulkifikk Abba on a 37-count charge of criminal conspiracy, stealing, abuse of office and money laundering.

    Some of the documents admitted in evidence include a certified true copy of a document captured ‘Blue Opal Nigeria Limited and Blue Opal sales details.’

    The charge was preferred against them by the Economic and Financial Crimes Commission, (EFCC).

    Five companies, Blue Opal Limited, Sebore Farms & Extension Limited, Pagoda Fortunes Limited, Tower Assets Management Limited and Crust Energy Limited, were equally charged before the court as the 5th to 9th defendants.

    The witness was led in evidence by the prosecuting counsel, Mr Rotimi Jacobs, a Senior Advocate of Nigeria (SAN).

    READ ALSO: After Nyako, what next for Adamawa?

    Odofin told the court that in the course of investigating the case, Mohammed Maji-Iro and Abdulmalik Dalhatu were invited by the commission to give statements, but that they both died before the matter was charged to court.

    He also told the court that Mr. Kobis Ari-Thumnu, former Secretary to the State Government of Adamawa and Mahmud Nyako also made statements to the EFCC, but when the matter was charged to court, all efforts to reach them were futile.

    The defence counsel in court led by Mr. Ibrahim Isiaku (SAN) prayed the court to adjourn the matter to enable them prepare to cross examine the witness.

    The trial judge, Justice Okon Abang adjourned the matter until April 10 for the defence to cross-examine Odofin.

  • Between Judicial Commission of enquiry and Bayelsa’s electoral crises

    Usually men and women perform various electoral functions to vote or be voted for into elective positions when the electoral umpires roll out dates and put in place laws that guide the conduct of such acts.

    While the umpires and government functionaries work hard to educate the citizens on the need for a violence free process, some individuals bent on seizing power use any means possible to make trouble and ensure they win.

    Interestingly, several places in the country were hotbeds and flash points of the total disruption of the systems put in place for free and fair elections during the period starting from the Presidential and National Assembly Elections and the State Governorship and Assembly elections between February and March this year.

    Unfortunately, despite measures taken to guide the actors on the need to eschew violence and tow the part of peace, youths and adults expected to guide them accordingly have been extra busy bent on scuttling the process to enthrone their wards and loyalists or impress their principals who in some cases may not be bothered at how they go about it.

    The youths who are being used to perpetrate electoral violence by the so-called leaders have never bothered to sit back and ponder what becomes of them after the elections, what roles are being played by the children of the leaders who use them to disrupt the process for their selfish gains. The major actors have never bothered to register their children, wards and relatives to even vote or join in the acts where human lives are wasted.

    During such periods as the primaries, electioneering campaigns, voting and collation processes, their families are moved out of circulation, clothed in expensive robes and flown out of the creeks, jungles, villages to the cities and foreign lands where they have their mansions.

    Worried by the mess created and the lives wasted in Bayelsa State, Governor Seriake Dickson set up a commission of inquiry in to the violence, mayhem and breach of peace during and after the General elections which ended after the forced rerun.

    REad also: NYSC DG threatens to withdraw Bayelsa corps members

    Knowingly, it has not been the best of news coming from the Bayelsa state Judicial Commission under the chairmanship of Justice Inikade Eradiri as several alleged actors invited by the commission shunned constituted authorities empowered to find a lasting solution to the cycle of violence.

    The invitation of such prominent figures in the state like former Governor, Chief Timipre Sylva who is the leader of the All Progressives Congress APC, Honourable Israel Sunny Igoli a serving member of the state House of Assembly, the Acting Managing Director of the NDDC, Prof Nelson Brambaifa, the Minister of state for Agriculture Senator Heineken Lokpobiriand Mr. Famous Danumiegha, the candidate of the APC for the Sagbama/Ekeremor Federal Constituency, had legal backings beyond the state.

    Justice Okon Abang of the Federal High Court Abuja had recently granted the Nigerian Police the Orders to arrest and prosecutes Hon Sunny Goli, the lawmaker representing Brass1 Constituency in the state House of Assembly.

    More so, the oil industry players are also accused of being major players in the electoral violence even as Justice Abang also granted the prayers of the Nigerian police to arrest and prosecute one Mr. Sam Kodjo, an Oil Surveillance Contractor and others over alleged complicity in the February   23, 2019 attack and abduction of Deputy Commission of Police, Kola Okunola in the Brass area of the state.

    The oil contractors’ name kept coming up during the first week of the sitting  as prominent  people who have appeared before the commission including Chief Blessing Ipigasi Izagara who is also the candidate for the Bayelsa East Senatorial District, former Chairman of Nembe Local Government  Area Chief Kurogbofa Walter – Benewari and the Vice Chairman of Nembe Local Government Area MrAiyebainaemi,  Walter -Benewari however told the panel that APC thugs attacked people in Bassambiri and Okipri areas.

    Even as over 35 witnesses have testified so far, the security agencies are not being portrayed in positive terms as their conduct is being flayed for turning deaf ears and watching lives being wasted by thugs.

    Unfortunately though, Senator Heineken Lokpobiri, the Minister of State for Agriculture, has said the Commission of Enquiry set up by the Bayelsa State Government to investigate violence during the 2019 general elections in the state is a ploy to divert attention.

    Lokpobiri also described his invitation to appear before the panel as attempt to distract people of the state from the real issue of Governor Seriake Dickson’s alleged mal-administration in the past seven years adding that the said panel was illegal and strange to the extant laws governing elections, including the Electoral Act and the Constitution.

    The Bayelsa State Chapter of the APC had distanced itself from the panel and urged its members not to appear before it.

    APC Spokesman, Doifie Buokoribo, said that the PDP government in Bayelsa had no moral rights to be a judge in an election it partook in.

    Even as several lives were lost and a serving Deputy Commissioner of Police was abducted, he maintained that the panel was unnecessary and that there was no single political violence involving the APC in Bayelsa during the last elections.

    Dickson had on February 24 alleged that the APC led by Ex-Gov Timipre Sylva and Lokpobiri had colluded with the military to unleash violence and manipulate the polls and hence the justification for setting up the panel.

    Spokesman of the 16 Brigade, Major Jonah Danjuma, promptly denied the allegations and said that troops averted violence by arresting some political thugs during the polls. But how come lives were lost and the INEC ordered a rerun.

    • Nnodim, a legal practitioner lives in Abuja.

  • AG Moeller’s MD bags 16 years for operating without CBN license

     

    A Federal High Court in Lagos has sentenced the Managing Director of AG Moeller Nigeria Ltd, Adeloye Olukemi, to 16- year- imprisonment for operating a financial business without a Central Bank of Nigeria (CBN) license.

    Justice Okon Abang ordered AG Moeller to refund N80million to the complainant Bube Okorodudu, and his transportation firm, Cross Country Ltd.

    The judge also ordered AG Moeller to pay a fine of N1million to the Federal Government.

    Olukemi and his firm were arraigned by the police in 2011 on a five-count charge of conspiracy, felony, fraud and operating a financial business without a valid CBN license.

    Olukemi’s sentence consists of one year imprisonment on count one, three years on count two, seven years on count four and five years on count five.

    The sentences, which will run concurrently, took effect from Thursday.

    In the charge, the police said Olukemi and others at large on March 29, 2007 at 2, Ebun Street, Surulere, Lagos, conspired to transact financial business without a valid license by the CBN.

    This contravened Section 517 of the Criminal Code Act, Cap C38, laws of the Federation of Nigeria, 2004.

    The police further accused the convicts of obtaining N80 million from Okorodudu, in excess of the amount due to them.

    Another count reads: “That you Adeloye Richard Olukemi ‘M’ between March, 2007 and January 2010 at the same place in the aforesaid Judicial Division with intent to defraud did obtain the sum of N80m from one Bube Okorodudu, the Chairman/Chief Executive Officer (CEO) of Cross Country Limited in excess of the capital sum of N140m advanced to him through the medium of a contract of finance lease facility induced by false pretence and thereby committed an offense contrary to Section 1 (a-c) and Section 1(2) and punishable under Section 1(3) of the Advanced Fee Fraud and other Fraud Related Offences Act, 2006.”

    Adeloye and AG Moeller pleaded not guilty.

    But, delivering judgment on Thursday, Justice Abang upheld the prosecution’s contention that it had proved its case beyond reason doubt.

    The judge held: “There is no dispute over the allegation of operating a financial business without a valid Central Bank of Nigeria (CBN) license because Olukemi confirmed under cross-examination that their operation on financial business was being done without license from the appropriate authority which is CBN.

    “Besides, there is no contradiction on all the exhibits tendered by the prosecution to prove their case, most especially, 2002 CBN guidelines for financial business operations.

    “With all the evidence and exhibits before the court, there is no doubt the accused are guilty of the offences preferred against them by the prosecution. Ignorance is not an excuse in law, therefore the court finds the duo guilty of the five counts.”

    The judgment put an end to an 11-year trial that was triggered by Okorodudu and Cross Country’s March 5, 2011 petition to the CBN Governor.

     

  • Court to continue ex-PDP spokesman, Metuh’s trial in absentia

    …Summons Two Channels’ TV officials over alleged prejudicial comments

     

    A Federal High Court in Abuja has ruled that the trial of ex-spokesman of the People’s Democratic Party (PDP), Olisa Metuh will continue in his absence following his alleged refusal to further attend proceedings.

    The court also ordered that the General Manager of a private television station, Channels Television, Abuja and the anchor of its daily Sunrise programme, Mrs. Maope Ogun-Yusuf should attend court on May 25 at 9am to show cause why they should not be compelled to produce the master tape of the recording of the programme aired on May 22 this year.

    Read Also: Ex-PDP spokesman Metuh collapses in court

    Justice Okon Abang made the orders on Wednesday while ruling on applications by Metuh’s lawyer, Emeka Etiaba (SAN) and prosecution lawyer, Sylvanus Tahir.

    Etiaba had, at the resumed proceedings in the case on Tuesday (May 22), told the court that although his witnesses were in court and ready to testify, but that his client was absent in view of the incident of the previous day.

    Etiaba said his client was on admission at the intensive care unit of the National Hospital, Abuja, where he was allegedly rushed to after he fell in court on May 21.

    He consequently applied for adjournment until when his client would be fit to attend court.

    The application, though supported by the second defence lawyer, Tochukwu Onwugbufor (SAN), was rejected by Tahir, who insisted that trial should go on in Metuh’s absence on the grounds that his lawyer did not provide any evidence to support his claim.

    Tahir equally complained about some alleged prejudicial statements purportedly made by a lawyer in the defence team, identified as Ben Chuck Nwosu, in relation to the pending trial, while he appeared on May 22, 2018 in Channels TV’s Sunrise Daily.

    He applied that the station’s Managing Director and the programme’s anchor be summoned to produce the recording of the programme unedited.

    Metuh, who is currently conducting his defence and was to call his 11th witness on at the resumption of proceedings on May 21, fell in court while making his way into the dock in defiance of the court’s earlier directive that he should not bother to move into the dock.

     

     

     

     

     

     

     

  • N400m fraud: EFCC asks court to try Metuh in absentia

    The EFCC  on Tuesday asked the Federal High Court Abuja to proceed with the ongoing trial of former PDP Spokesman, Olisa Metuh in his absence.

    Counsel to the EFCC, Mr Sylvanus Tahir, made the request in an application at the resumed trial following Metuh’s absence in court.

    His application was sequel to that of Metuh’s counsel, Mr Emeka Etiaba, (SAN) that the matter could not go on since Metuh was not in court.

    Metuh collapsed in court on Monday while attempting to enter the dock when his matter was called and was taken away in the court’s ambulance.

    Tahir, however, insisted that the judge, Justice Okon Abang should proceed with the matter in his absence since his fall was on account of his disobedience and disregard for the orders of the court.

    “I wish to draw the attention of the court to yesterday’s events. The defendant was using a walking aid to support himself and when the matter was called, to hearing of everyone, the court asked him to remain on his seat.

    “However for reasons best known to him, he ignored the directives of the court and made his way to the dock which resulted in his fall and the rest is history,” Tahir said.

    According to him, suffice it to state on our part that what happened in court on Monday amounts to misconduct since the defendant willfully ignored the directives of the court.

    The prosecutor maintained that moreover, the defendants had not furnished the court with satisfactory evidence, such as a medical report, as to why Metuh was not present in court.

    He added that Metuh was not entitled to the benefits of Section 266 of the Administration of Criminal Justice Act, (ACJA), and urged the court to rather invoke provisions of Section 266(a) to take the action of Metuh as misconduct.

    He further submitted that while the law provided that the a criminal trial could not go on in the absence of the defendant, there were exceptions to the rule.

    “If the court marries Section 266(a) with Section 352(4) which deals with trial in absentia, the court will be more than comfortable to proceed with this trial in Metuh’s absence.

    “This is because he has violently disobeyed his bail condition and the only rider to proceeding in his absence is that it should be after two adjournments. We had one adjournment yesterday and there will be one today.”

    The prosecutor also told the court that proceedings in the ongoing matter were discussed on a television program where one of Metuh’s lawyers made prejudicial comments.

    “On my way to court this morning, I received a call where I was told that Proceedings in this matter were extensively discussed on Sunrise Daily, a programme aired on Channels Television.”

    He said that he was constrained to bring the development to the court’s attention since it was not the first time it was happening.

    He alleged that all what the defense was doing were ploys to frustrate, scuttle and delay the matter.

    Earlier, Metuh’s counsel had told the court that following the fall of his client in court on Monday, he was currently receiving treatment in a hospital and was unable to attend his trial.

    “I wish to draw the court’s attention to the fact that the defendant is not in court. He was taken by the court’s ambulance with the medical personnel to the National Hospital Abuja where he is receiving treatment in the Intensive Care Unit, (ICU).

    Also Read: EFCC closes case in Kalu’s trial

     “In view of the clear provisions of Section 266 of ACJA, it is my submission that the trial cannot go on in his absence since it is a criminal matter which requires the presence of the defendant in court.

    ” I therefore ask for an adjournment to enable the defendant recuperate and return to continue his trial,” Etiaba said.

    On the submission of the prosecution that Metuh acted in disregard of court directives, Etiaba said that the account given by the prosecution was not what he witnessed in court.

    According to him, the defendant was already in motion as soon as his matter was called and didn’t know that the judge had asked him not to bother going to the dock.

    Mr Tochukwu Onwubufor, (SAN), counsel to Metuh’s company, the second defendant in the matter aligned himself with Etiaba’s submission.

    Onwubufor added that Section 266 of ACJA made it mandatory for the defendant to be present in court for his trial.

    He, however, said that this was except where the defendant misconducted himself in such a manner as to render his presence impracticable or undesirable.

    The trial judge, Justice Okon Abang adjourned the matter until May 23 to rule on whether or not a reasonable explanation was given by the defence for the absence of Metuh in court.

    Justice Abang also said he would rule on whether proceedings in the matter should go on in the absence of Metuh.

    He is to also rule on whether or not the court should compel the General Manager of Channels Television and the producer of the programme, Sunrise Daily to provide the tape of the programme aired on Tuesday.

    Metuh is standing trial along with his company, Destra Investments Limited, on a seven count charge which involves laundering two million dollars.

    He is also charged with fraudulently receiving N400 million from the former National Security Adviser, Sambo Dasuki.

    Metuh had told the court that he was suffering from a spinal chord related ailment for which doctors had recommended surgery as definitive treatment.

    He had applied for the release of his international passport on three occasions to enable him travel abroad for surgery but the court refused all three applications.

    NAN

     

  • Breaking: Metuh collapses in court

    Former spokesman of the People’s Democratic Party (PDP), Olisa Metuh collapsed Monday morning at the resumed hearing in his trial before the Federal High Court, Abuja.

    Metuh, who is being tried for alleged money laundering offences, with his company, Destra Investment Limited, collapsed when he attempted to enter the dock when the case was called.

    Read Also: I can’t be convicted, says Metuh

    Metuh had consistently complained of ill-health for some time now. He had on two occasions applied to the court to be allowed to travel abroad for medical attention, whcih the court rejected.

    Metuh was still lying in the dock and being attended to by medical officials of the court.

    Metuh’s lawyer, Emeka Eitaba (SAN) has applied to withdraw from the case following the directive by the trial judge, Justice Okon Abang that proceedings must continue.

     

    Details later…

     

  • Attend court Feb. 5 or be returned to prison, judge tells Metuh

    Attend court Feb. 5 or be returned to prison, judge tells Metuh

    Justice Okon Abang of the Federal High Court in Abuja has ordered a former spokesman of the Peoples Democratic Party (PDP) Olisa Metuh, to attend court on February 5 or be arrested and returned to prison.

    Justice Abang gave the order yesterday whiling on two applications. One by Metuh’s lawyer, Okezie Ikpeazu (SAN), for adjournment on health ground and the other by prosecution lawyern Sylvanus Tahir, seeking the revocation of Metuh’s bail for allegedly being absent in court for not cogent reasons.

    The judge said Metuh had been absent from his trial since Monday without any lawful excuse. This, the judge said, was a sufficient reason to revoke the defendant’s bail.

    Metuh and his company, Dextra Investment Limited are being tried on money laundering charges before the court.

    Last Monday, Metuh was absent in court and his lawyer said he was on admission at the Nnamdi Azikiwe University Teaching Hospital, Nnewi, Anambra State. He drew the court’s attention to a letter to thate effecr from the hospital.

    On Tuesday, Ikpeazu applied for an adjournment of the case to a period outside this week based on the health situation of his client, an application Tahir objected to.

    Tahir described the letter from the Nnamdi Azikiwe Teaching Hospital, relied on by Ikpeazu as worthless.

    He urged the court to revoke  Metuh’s bail and return him to prison, from where he should be made to attend his trial.

    Justice Abang, in his ruling, noted that  the medical report  relied on by Metuh to stay away from court was fraudulently smuggled into the court’s file and aimed at forcing the court to stay proceedings in the trial indefinitely.

    He agreed with Tahir to the effect the hospital’s letter dated January 21, 2018 indicating that Metuh had been on admission since the previous day, for treatment for an ailment, was sent to the court to frustrate the trial.

    He queried why the medical report had to be issued barely 24 hours to the resumption of the trial on January 22.

    The judge also queried how the letter issued in Nnewi, Anambra State, could find its way to the court’s file in Abuja within 24 hours.

    He said the letter was fraudulently smuggled into the court’s file and defence lawyers chose to rely on it to ask for an adjournment yet refused to disclose the identity of the person who sent the document to the court.

    Ikpeazu and lawyer to Destra, Tochukwu Onwugbufor (SAN), thanked the judge for showing sympathy to Metuh.

    They promised not to stall the trial, and noted that the judge has always given the case accelerated hearing before the January 12, 2018 judgment of the Supreme Court, which directed that the case be promptly decided.

  • I need to consult records over Metuh’s case – Dasuki

    I need to consult records over Metuh’s case – Dasuki

    Retired Col. Mohammed Sambo Dasuki, former National Security Adviser (NSA), said on Wednesday he needed to consult relevant documents to enable him to recall any transaction with former People Democratic Party, (PDP) spokesman, Olisah Metuh, being tried over alleged N400 million case.

    Dasuki made the statement at the Federal High Court, Abuja, when he appeared as a subpoenaed witness in the ongoing trial of Metuh.

    The former NSA, who was led in evidence by Mr Emeka Etiaba (SAN), counsel to Metuh, told the court that he had been in the Department of State Security Services custody since December 2015.

    He added that he could not remember if he had any dealings with Metuh in 2014 in respect to the amount for which the Federal Government was currently prosecuting him.

    “It will be difficult for me to remember without reference to my records, details of any monies paid to Metuh or Destra Nig. Ltd. (the second defendant in the matter) in 2014 as three years is a long time.”

    When Etiaba sought to know when he thought he would have access to his records, Dasuki said that would be possible as soon as the authorities holding him released him on bail.

    “I am unable to answer any questions in regards to his charge without consulting my records.

    “I stated earlier that I have been in custody so it is only when the authorities holding me decide to obey the three bail orders granted by three different courts and one ECOWAS court judgement asking that I be released and release me, I do not know,” Dasuki said.

    He, however, told the court that he was awaiting a Supreme Court ruling concerning his release on bail.

    At this point, Etiaba told the court that the witness was willing to testify but needed time to access his records in order to help the court in the matter.

    He prayed the court to grant an adjournment and direct those holding the witness to allow him to have access to his records.

    According to him, the directive that Dasuki should be produced in court has been honoured and so this new directive should also be honoured.

    Mr Tochukwu Onwubufor (SAN), counsel to the second defendant, aligned himself with the submissions of Etiaba, noting that an adjournment was necessary to allow the witness consult his records.

    The prosecuting counsel, Mr Sylvanus Tahir, however, opposed the application for an adjournment.

    He based his argument on the grounds that some of the documents needed to be used to cross examine the witness such as the e-payment mandate were in the court’s records.

    Tahir asked the court to discountenance the arguments canvassed by Dasuki’s counsel, Mr Ahmed Raji (SAN) that his client was not in the right frame of mind to give evidence, having been incarcerated in the last two years.

    He said that this was because there was no medical report before the court to prove it.

    The prosecutor urged the court to compel the two defendants to make use of documents already tendered as exhibits in court and not entertain the application for adjournment.

    The judge, Justice Okon Abang adjourned the matter until Friday to rule on the application for adjournment.

    The judge had earlier struck out a motion argued by Mr Mike Ozekhome (SAN) on behalf of former President Goodluck Jonathan in which he prayed the court to set aside the subpoena issued on him.

    Abang struck out the motion on the ground that he had no jurisdiction to entertain the motion because Jonathan had not been formally served with the subpoena as required by law.

    He said that the former president could only raise issues against the subpoena after he was duly served.

    The judge had also dismissed an application by Dasuki asking the court for an adjournment in respect of the subpoena on him and pending the determination of his appeal in the Court of Appeal.

    He said that since Dasuki was not a defendant but a witness in the matter, he had no “locus standi” to seek for an adjournment.(NAN)