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Tag: Olisa Metuh

  • 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…

     

  • Money laundering: I can’t be convicted – Metuh

    ….As court refuses request for foreign treatment

     

    Former spokesman of the People’s Democratic Party (PDP), Olisa Metuh said Thursday that his trial will not lead to conviction.

    Metuh said: “I will go to the witness box. There is nothing in my case that will ever lead to conviction.”

    He spoke in Abuja Thursday while reacting to a ruling by Justice Okon Abang of the Federal High Court on his (Metuh’s) motion for leave to travel abroad for medical treatment.

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

    They are said to have unlawfully received N400m from the Office of the National Security Adviser (ONSA) in November 2014 to fund the party’s presidential campaign ahead of the 2015 poll.

    Metuh and Destra are also said to have engaged in cash transaction of $2m without going through a financial institution.

    Ruling yesterday, Justice Abang said his court lacked jurisdiction to entertain Metuh’s motion, since he failed to appeal the court’s decision in May 2016, rejecting similar a application by the defendant.

    The judge also said the motion, argued by parties last month, was without merit because it was not supported by a medical report.

    Metuh, who had on two occasions attended court on a stretcher and later on wheel chair, came to court yesterday with the aid of a walking frame.

    Justice Abang had, on May 25, 2016 dismissed a similar motion for the release of his passport to enable him seek medical attention in the United Kingdom.

    While dismissing the latest one yesterday, the judge upheld the argument by Sylvanus Tahir (for the prosecution) that Exhibit 3, relied upon by the applicant amounted to “a documentary hearsay” in as much as the doctor who issued it did not personally examine Metuh.

    Justice Abang noted that, besides failing to personally examine Metuh, the doctor who authored the document merely relied on other medical reports which were never produced before the court for scrutiny.

    Justice Abang said: “To the extent that the author of Exhibit 3 relied  on the content of two other letters or two other medical reports dated January 20, 2017 and January 30, 2018 to come to the conclusion that the defendant needed to be referred to the United Kingdom, the Exhibit 3 is a documentary hearsay which is not tenable. I so hold.

    “In the same vein, the applicant cannot rely on the document not brought before the court without producing the document before the court.

    “He (Metuh) ought to have known that it is no longer fashionable to use ill health to delay trial,” the judge said.

    Justice Abang noted that had the court not prevented Metuh from hijacking the proceedings, he would not have called the 10 witnesses that had appeared in court to defend him.

    He added: “On the account of the conduct of the 1st defendant (Metuh) since February 9, 2016 when the prosecution closed its case whereby the defendant has employed all manners of tactics to delay the case, I cannot exercise my discretion in his favour.

    “On whether the court has jurisdiction to entertain the application, in the final analysis, I have no jurisdiction to entertain the matter on merit.

    “On whether the application has merit, the application lacks merit and accordingly dismissed.”

    The judge further noted that there was no medical report filed in support of the application even when the Supreme Court had ruled that for such application to be granted it must be backed by a convincing medical report to the satisfaction of the court.

    He said Metuh could not have filed a medical report since the court had, on January 25, 2016 prohibited him from filing such report since he had resorted to using his ill health to frustrate the trial.

    The judge was of the view that instead of filing a fresh motion for permission to travel abroad, Metuh ought to have appealed the 2016 ruling of the court.

    Justice Abang adjourned to today for further proceedings in the case.

    Reacting to the judge’s ruling after the court’s proceedings, Metuh described court’s decision as “frustrating” and “shocking”.

    He noted: “This is because, in the course of our filing the application we had contended with the fact that the judge said we should not bring medical report again.

    Metuh, who is currently conducting his defence, has called 10 witnesses.

    He noted that “in the course of defending this matter, there is nothing unlawful or illegal that we have done”.

    Metuh insisted that he was innocent. He said he was eager to defend himself and might have have to stop calling from his fresh list of 10 witnesses to enable him personally take the witness stand.

    He said: “I will go to the witness box. There is nothing in my case that will ever lead to conviction.”

    Read Also: Money Laundering: Court dismisses SAN’s, ex-minister’s no-case submissions

  • PDP to Buhari: Tell your appointees to stop interfering in Metuh’s trial

    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. (NAN)

  • Medication preventing me from following proceedings, Metuh tells court

    A former National Publicity Secretary of the PDP, Olisa Metuh, on Friday told the Federal High Court in Abuja that a medication he was taking was preventing him from following court proceedings.

    Metuh is standing trial for allegedly receiving N400 million from the office of the former National Security Adviser, retired Col. Sambo Dasuki.

    Metuh had on March 14, for the third time, asked the court to order the release of his international passport to enable him travel for medical treatment.

    At the resumed trial on Friday, Mr Emeka Etiaba ( SAN ), Counsel to Metuh, told court that due to the sedative influence of the medication Metuh was receiving, he was unable to follow proceedings in court.

    “Yesterday, after the court session, I had a discussion with my client and I realised that even though he was physically present in court, he did not have the presence of mind to appreciate what went on in court.

    “This is because he is on pain killers which cause him to be sleepy or sleep in court otherwise he is under severe pain.

    “Section 266 of the Administration of Criminal Justice Act ( ACJA ) provides that a defendant has to be present in court all though his trial, not only physically but must also be able to follow through the proceedings in court.”

    Etiaba claimed that Metuh was unable to follow proceedings in court on account of the drugs he was taking without which he would be in pain.

    He prayed the court for an adjournment to enable Metuh to get palliative medication.

    “We ask for a short adjournment to enable him access some palliative medical procedure, pending when the court will rule on his application to travel for medical treatment abroad.

    Etiaba argued that Section 278 had nothing to do with Metuh’s application as Metuh was not of unsound mind or lacked mental capacity.

    According to him, Metuh is in excruciating pain and the medication he is on to relieve the pain makes him sleep in court and unable to follow his trial.

    However, the Prosecuting Counsel, Mr Sylvanus Tahir, objected to the application for an adjournment to enable Metuh to receive palliative medical treatment.

    Referring the court to Section 278 of ACJA, Tahir said that what the law provided in such circumstances was for the court to order a medical investigation to ascertain the mental capacity or soundness of mind of the defendant.

    According to him, where the court is satisfied that the defendant standing trial lacks the mental capacity to do so, the court will order that he be remanded in an asylum and treated while there.

    The Judge, Justice Okon Abang, in his ruling noted that it was at the discretion of the court to grant an adjournment.

    He, however, stated that noting had been placed before the court to enable it exercise its discretion in favour of Metuh.

    “It is my view that there is no material placed by the defendant before the court to enable the court exercise its discretion in his favour and grant the application.

    “There is nothing placed before the court to show that the defendant is in excruciating pain. The defendant is in court and the application for adjournment lacks merit and is refused.

    Abang said that he might deliver ruling on Metuh’s application seeking the release of his international passport to enable him travel abroad for medical treatment on April 20.

    He adjourned the matter until April 19 and April 20.

    NAN

  • No-case submission: Metuh knows fate April 23

    No-case submission: Metuh knows fate April 23

    An FCT High Court, Maitama, on Wednesday fixed April 23 for ruling on the no-case submission filed by Olisa Metuh, a former PDP spokesman, accused of alleged destruction of evidence.

    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 April 23, with consent of counsel as the court did not sit.

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

    Metuh’s counsel, Dr Onyechi Ikpeazu (SAN), had on Oct. 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, 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 in pursuant to the provisions of Sections 302 and 357 of ACJA.

    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.

    Read Also: Metuh has case to answer – Supreme Court

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

    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 Mr 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.

  • Metuh has case to answer – Supreme Court

    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.

    Read Also: Metuh attends court on stretcher

    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.

     

     

  • PDP decries Presidency’s mockery of Metuh

    PDP decries Presidency’s mockery of Metuh

    The leadership of the Peoples Democratic Party ( PDP ) has decried what it described as the Presidency’s mockery of a former spokesman of the PDP, Chief Olisa Metuh who is currently standing trial at the Federal High Court, Abuja.

    On the insistence of the trial judge to have the ailing Metuh brought to court or be sent to prison, the ex party spokesman was driven to the court premises in an ambulance and taken to the court room in a stretcher.

    Reacting to the condition in which Metuh was brought to court, a presidential aide, Lauretta Onochie had described the scenario as a “Nollywood act”, implying that Metuh feigned his pitiable condition.

    But in a statement on Wednesday by the National Publicity Secretary of PDP, Kola Ologbondiyan, the party said it was eminently revealing that the Presidency had more than passing interest in Metuh’s case.

    The PDP described the statement by the presidential aide as unwarranted and unjustified official intrusion and negative suggestions in Metuh’s trial.

    Describing the presidential aide’s comment as hateful, the PDP said it has further confirmed that the interest of the current administration in the matter was beyond the bounds of seeking justice in the matter.

    The party complained that the Presidency has been intruding into Metuh’s case since inception, with the view to setting him up before the judiciary.

    The statement said, “It is repulsive that a Presidential aide has once again intruded directly, with malicious suggestions, in a matter that is on judicial trial, thus further exposing that Chief Metuh’s travails in the course of the trial may have been politically hatched and orchestrated.

    “It is instructive to state that Chief Metuh, whose spinal chord ailment has badly deteriorated, was brought to court in his current medical state, sequel to the order of the trial judge.

    “It is public knowledge that Justice Abang on January 25, 2018 rejected medical reports from doctors at the Nnamdi Azikiwe Teaching Hospital, Nnewi, where Chief Metuh had been on admission and ordered him to appear in court on Monday, January 5, 2018 or have his bail revoked. In fact, the judge ruled that he would thenceforth not accept any other report issued by any medical doctor on the accused.

    “It is therefore irresponsible, wicked and an unpardonable act of inhumanity, for the Presidency or any of its agents to mock Chief Metuh for obeying the order of court, even in his current state of health”.

    Alleging a sinister design against Metuh, the PDP said it has information that government agents have been harassing medical aides and practitioners across the country for offering any form of treatment or assistance to him.

    The party said that viewing such alongside negative and hostile disposition towards medical reports on Metuh, any responsible person can safely conclude that there is a grand conspiracy to persecute the accused.

    “While we are not opposed to the trial of any of our members for any matter whatsoever, we insist that the process must be fair, without external influences and in strict compliance with provisions of the law”, the statement added.

     

  • 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.

  • PHOTO: Metuh being moved into ambulance after court session

    PHOTO: Metuh being moved into ambulance after court session

    Former spokesman of the Peoples Democratic Party ( PDP ), Olisa Metuh was moved into an ambulance today after the Federal High Court session, Abuja.

    Justice Okon Abang in a ruling on January 25, rejected a medial report tendered by Metuh’s lawyers, claiming he was on admission in an hospital.

    Instead, the judge ordered Metuh to attend court today or have the bail earlier granted him revoked.

    In compliance with that order, his lawyer ensured he was brought to court early today in a white ambulance, belonging to the National Hospital, Abuja.
    Olisa Metuh in stretcher in court
    Olisa Metuh in stretcher

    He was later taken into the courtroom on  a stretcher, with the assistance of some medical personnel, friends and relations.

    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 neck area.

    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 within which Metuh would have been fit enough to stand trial.

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

    Prosecution lawyer, Sylvanus Tahir did not object to an adjournment, following which Justice Tsoho adjourned to March 14 for possible continuation for trail.

    At the conclusion of proceedings around 10.15am, Metuh was again moved out of the courtroom, still on the stretcher, into the ambulance stationed close to the court’s main entrance.