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Tag: Onyeachi Ikpeazu

Court doubts Metuh’s claim of ill health

The Federal High Court, Abuja, has expressed doubts as to whether the claim of ill health by Olisah Metuh, the embattled former National Publicity Secretary of the People’s Democratic Party, (PDP), is true.

The trial judge, Justice Okon Abang, said on Thursday while delivering a ruling on an application seeking the release of Metuh’s international passport to enable him travel abroad for medical treatment.

According to the judge, “I am wondering, if the defendant is really sick as he claims, why he not appealed the two earlier decisions of the court that refused to release his international passport.

“I doubt that he is really ill as he wants the court to believe, if he is, he should have appealed the decisions of the court at the Court of Appeal.”

The judge wondered why Metuh appealed decisions of the trial court that had nothing to do with his health but refused to appeal those that dealt directly with his health.

Abang held that it seemed there was a hidden agenda by Metuh to present the court as inhuman by filing the same application before the trial court a third time rather than going on appeal.

He said that he agreed with the arguments of the prosecution that filing the application for a third time was an unpardonable and reckless abuse of judicial processes.

The judge maintained that the defendants ought to know that where a trial court decided a matter, it could not be brought before it again under any guise.

He further said that since the prosecution closed its case in 2016, the defendant, rather than defending his case, had taken several steps to frustrate the trial.

The judge said that he could not sit on appeal over his own judgment having already refused an application for the release of Metuh’s passport twice.

He added that contrary to the claim by Metuh’s counsel, Mr Onyeachi Ikpeazu, (SAN), there were no new facts in the current application as the facts in it were the same as those in the last two applications.

“The issues raised in this application have already been determined in the two previous rulings on the matter; there is nothing new in this application.”

He held that on account of Metuh’s conduct since the prosecution closed its case, he could not order the release of his passport and that he lacked jurisdiction to entertain the matter having decided it before.

He therefore dismissed the application for lacking in merit and adjourned the matter until April 20 for continuation of trial.

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

One of his counsel, Mr Emeka Etiaba (SAN), told the court that his client did not appeal the two previous applications which were refused by the court but added that this was a new and different application.

Etiaba had told the court that the new application was premised on the grounds that Metuh had lost sensation in his legs adding that this never happened before.

April 19, 2018
Court doubts Metuh ’s claim of ill health

The Federal High Court, Abuja, has expressed doubts as to whether the claim of ill health by Olisah Metuh, the embattled former National Publicity Secretary of the Peoples Democratic Party ( PDP ), is true.

The trial judge, Justice Okon Abang, said on Thursday while delivering a ruling on an application seeking the release of Metuh’s international passport to enable him travel abroad for medical treatment.

According to the judge, “I am wondering, if the defendant is really sick as he claims, why did he not appeal the two earlier decisions of the court that refused to release his international passport.

“I doubt that he is really ill as he wants the court to believe, if he is, he should have appealed the decisions of the court at the Court of Appeal.”

The judge wondered why Metuh appealed decisions of the trial court that had nothing to do with his health but refused to appeal those that dealt directly with his health.

Abang held that it seemed there was a hidden agenda by Metuh to present the court as inhuman by filing the same application before the trial court a third time rather than going on appeal.

He said that he agreed with the arguments of the prosecution that filing the application for a third time was an unpardonable and reckless abuse of judicial processes.

The judge maintained that the defendants ought to know that where a trial court decided a matter, it could not be brought before it again under any guise.

He further said that since the prosecution closed its case in 2016, the defendant, rather than defending his case, had taken several steps to frustrate the trial.

The judge said that he could not sit on appeal over his own judgment having already refused an application for the release of Metuh’s passport twice.

He added that contrary to the claim by Metuh’s counsel, Mr Onyeachi Ikpeazu, (SAN), there were no new facts in the current application as the facts in it were the same as those in the last two applications.

“The issues raised in this application have already been determined in the two previous rulings on the matter; there is nothing new in this application.”

He held that on account of Metuh’s conduct since the prosecution closed its case, he could not order the release of his passport and that he lacked jurisdiction to entertain the matter having decided it before.

He therefore dismissed the application for lacking in merit and adjourned the matter until April 20 for continuation of trial.

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

One of his counsel, Mr Emeka Etiaba (SAN), told the court that his client did not appeal the two previous applications which were refused by the court but added that this was a new and different application.

Etiaba had told the court that the new application was premised on the grounds that Metuh had lost sensation in his legs adding that this never happened before.

NAN

April 19, 2018
N400m fraud: Court orders Metuh to appear in court Feb. 5 or risk jail

The Federal High Court, Abuja, has asked former Peoples Democratic Party ( PDP ) spokesman, Mr Olisah Metuh, to be present at his trial on Feb. 5 or face jail.

Justice Okon Abang gave the order on Thursday, when he delivered ruling in an application filed by Metuh, seeking an adjournment to his trial on health grounds.

The judge said that the letter which Metuh wanted the court to rely on to grant the adjournment was not a proper document before the court.

“I agree with the prosecution that the purported letter written by Dr O.C. Ekweogwu, who is unknown to the court, is trash and a useless paper meant for the dustbin, which was dumped on the court by the defence.

“The said letter was fraudulently smuggled into the records of the court by a person unknown to the court with the intent to stall proceedings.”

The judge said that there was a laid down procedure for filing a medical report in court.

He said it was not the place of a medical practitioner to write a lengthy letter with several medical terms that were meaningless to the court.

“The medical practitioner is to state the name of the illness and the period that the person will be incapacitated.”

The judge further said that although the application by the prosecution to revoke Metuh’s bail and commit him to prison deserved to succeed, he would not grant it based on compassionate grounds.

“It is my humble view that the application of the prosecution to revoke the defendant’s bail deserves to succeed, but I have given due consideration to the arguments of counsel to the defendant.

“In view of the passionate plea of the defendant’s counsel who I have respect for, I hereby suspend my decision to revoke bail, but I ask that the defendant turns a new leaf.”

The judge, however, said that if Metuh failed to appear in court on the next adjourned date, he would revoke the bail.

“Arrest is a consequential order if bail is revoked, and so if the defendant’s bail is revoked, he will be arrested.

“The outcome of his response when he appears in court will determine whether or not to put him in prison.”

The court said that it was not inclined to try Metuh in absentia, as it was contrary to Section 266 of the Administration of Criminal Justice Act, 2015.

The judge also said that he would no longer accept any medical report with respect to Metuh, issued by a doctor in Nigeria.

He further granted the application by the defendant’s counsel to bring seven additional witnesses, saying he will not accept any application for more witnesses.

He adjourned the matter until Feb. 5 and 6 for continuation of trial.

Metuh’s trial was to resume on Monday but he was absent in court.

When the matter was called, Mr Onyeachi Ikpeazu (SAN), counsel to Metuh informed the court that his client was admitted at the Nnamdi Azikiwe University Teaching Hospital, Nnewi, and was unable to attend court.

Ikpeazu presented a letter written by a doctor in the hospital to the court, but both the judge and the prosecutor questioned the authenticity of the letter.

The prosecutor went further to ask the court to revoke Metuh’s bail for breaching his bail conditions and commit him to prison.

Metuh is standing trial over allegations of receiving N400 million from the former National Security Adviser, retired Col. Sambo Dasuki and also money laundering charges involving $2bn.

January 25, 2018
N400m fraud: Court orders Metuh to appear in court Feb. 5 or risk jail

The Federal High Court, Abuja, has asked former Peoples Democratic Party(PDP) spokesman, Mr Olisah Metuh, to be present at his trial on Feb. 5 or face jail.

Justice Okon Abang gave the order on Thursday, when he delivered ruling in an application filed by Metuh, seeking an adjournment to his trial on health grounds.

The judge said that the letter which Metuh wanted the court to rely on to grant the adjournment was not a proper document before the court.

“I agree with the prosecution that the purported letter written by Dr O.C. Ekweogwu, who is unknown to the court, is trash and a useless paper meant for the dustbin, which was dumped on the court by the defence.

” The said letter was fraudulently smuggled into the records of the court by a person unknown to the court with the intent to stall proceedings. ”

The judge said that there was a laid down procedure for filing a medical report in court.

He said it was not the place of a medical practitioner to write a lengthy letter with several medical terms that were meaningless to the court.

Read Also: EFCC urges court to revoke Metuh’s bail

“The medical practitioner is to state the name of the illness and the period that the person will be incapacitated.”

The judge further said that although the application by the prosecution to revoke Metuh’s bail and commit him to prison deserved to succeed, he would not grant it based on compassionate grounds.

” It is my humble view that the application of the prosecution to revoke the defendant’s bail deserves to succeed, but I have given due consideration to the arguments of counsel to the defendant.

“In view of the passionate plea of the defendant’s counsel who I have respect for, I hereby suspend my decision to revoke bail, but I ask that the defendant turns a new leaf.”

The judge, however, said that if Metuh failed to appear in court on the next adjourned date, he would revoke the bail.

“Arrest is a consequential order if bail is revoked, and so if the defendant’s bail is revoked, he will be arrested.

“The outcome of his response when he appears in court will determine whether or not to put him in prison.”

The court said that it was not inclined to try Metuh in absentia, as it was contrary to Section 266 of the Administration of Criminal Justice Act, 2015.

The judge also said that he would no longer accept any medical report with respect to Metuh, issued by a doctor in Nigeria.

He further granted the application by the defendant’s counsel to bring seven additional witnesses, saying he will not accept any application for more witnesses.

He adjourned the matter until Feb. 5 and 6 for continuation of trial.

The Repoter reports that Metuh’s trial was to resume on Monday but he was absent in court.

When the matter was called, Mr Onyeachi Ikpeazu (SAN), counsel to Metuh informed the court that his client was admitted at the Nnamdi Azikiwe University Teaching Hospital, Nnewi, and was unable to attend court.

Ikpeazu presented a letter written by a doctor in the hospital to the court, but both the judge and the prosecutor questioned the authenticity of the letter.

The prosecutor went further to ask the court to revoke Metuh’s bail for breaching his bail conditions and commit him to prison.

Metuh is standing trial over allegations of receiving N400 million from the former National Security Adviser, retired Col. Sambo Dasuki and also money laundering charges involving $2 billion.

NAN

January 25, 2018
FG asks court to revoke Metuh ’s bail

The Economic and Financial Crimes Commission ( EFCC ), the prosecuting agency in the ongoing trial of former Peoples Democratic Party ( PDP ) Spokesman, Olisah Metuh, has asked the court to revoke Metuh’s bail.

Mr Sylvanus Tahir, counsel to the EFCC, who made the application at the resumption of hearing of the matter on Tuesday at the Federal High Court, Abuja, said Metuh should be remanded in prison.

Tahir said the application was based on the grounds that Metuh had breached the terms of the bail granted him by the court, by being absent in court for two days with no cogent reason.

The prosecutor asked the court to discountenance the submissions of the defence as to why Metuh was absent in court.

“Since the defendant has been absent from court for two days for inexplicable reasons, and bearing in mind that the defendant is enjoining the bail of the court and has undermined the purpose of the bail.

“The prosecution is constrained to apply for the revocation of the bail pursuant to Sections 137(b) and 169 of the Administration of Criminal Justice.

” We urge the court to revoke the bail and commit the defendant to prison pending the determination of his case.”

He further told the court that he was vehemently opposed to the application to vacate the days already fixed for trial and adjourn to the next dates convenient for the court.

On the said medical report sent to the court by one Dr. O.C. Ekweugwu of the Nnamdi Azikiwe Universiry Teaching Hospital, Anambra, the prosecutor said there was nothing before the court to prove the authenticity of the letter.

“The letter ought to have come by way of an affidavit, but nobody has deposed to an oath verifying the worth of the so called medical report, rather the report was just dumped in the court.”

He further submitted that it was of no purpose for the defence to ask the court to order an investigation to ascertain the veracity of the medical report.

Mr Onyeachi Ikpeazu (SAN), counsel to Metuh, had in his submission, prayed the court to vacate the earlier dates the court had fixed for the trial and fix fresh dates in the interest of justice.

Ikpeazu urged the court to grant the application on the grounds that his client was currently in hospital undergoing treatment for a spine related illness.

He further submitted that being a criminal case, it was mandatory for his client to be in court since it was against the law to proceed with the matter in the absence of his client.

Mr Tochukwu Onwubufor (SAN), counsel to the second defendant in the matter said that he aligned himself with the submissions of Ikpeazu.

Onwubufor, however, added that there was substantial reason for Metuh’s absence in court.

“There is a letter from the Nnamdi Azikiwe University Teaching Hospital Nnewi, Anambra stating the medical condition of the first defendant.”

On the question of the authenticity of the report and whether the person who signed it was indeed a medical doctor, the counsel asked the court for time to investigate.

The judge, Justice Okon Abang said the court noted that there was no proof before the court to show that the person who issued the letter was a medical doctor or an employee of the hospital.

Abang added that the hospital was not a party in the matter and that the person who issued the letter was not in court to testify.

He further wondered how the said letter found its way into the court records.

He adjourned the matter until Jan. 24 for continuation of arguments by counsel.

January 23, 2018
Alleged N400m fraud: Metuh asks court to suspend trial

The former spokesman of the PDP, Olisah Metuh, has asked the Federal High Court, Maitama Abuja, to suspend hearing in his matter, pending a decision of the Supreme Court on his no-case submission appeal.

Metuh filed an application in the Supreme Court, appealing the decision of the trial court and the appeal court dismissing his no-case submission.

Counsel to Metuh, Mr. Onyeachi Ikpeazu (SAN), who moved the application, said the adjournment was in order to await the ruling of the Supreme Court.
He said that the court has started hearing the appeal and would deliver its ruling on June 9.

Ikpeazu submitted that since the Supreme Court had already started hearing the appeal, the lower court could not share jurisdiction on the same matter with the Supreme Court.

He described the application as a simple application, relying on Section 6, subsection 6(a) of the Constitution.

“The present application is not an application for stay of proceedings or to adjourn the matter sine die.

“The only point which this court ought to decide at this sitting is whether the Federal High Court ought to defer to the Supreme Court in a situation where the Supreme Court has already started hearing the same matter.

“The law is settled, that at all times, a High Court will be acting in accordance with judicial procedure by refraining from any act that will foist a fait-accompli on the Supreme Court.

“As counsel, we all are expected to assist the court and not to put the court in a precarious position. It is also on record that we have asked the Supreme Court to take the application instantly.”

Ikpeazu held that the application was 100 per cent at the discretion of the court, but added that the court should exercise such discretion judicially and judiciously in accordance with the provisions of the constitution.

Arguing in support of the motion, Mr. Tochukwu Onwugbufo (SAN), counsel to Destra Investment Limited, the second defendant, aligned himself with Ikpeazu’s submissions.
“A High Court cannot share jurisdiction with the Supreme Court. The application is not asking for indefinite adjournment, but an adjournment to a specific date occasioned by the decision of the Supreme Court.”

He insisted that it was completely in the overall interest of justice as envisaged by the laws of the nation.

The prosecuting counsel, Mr. Sylvanus Tahir, opposed the application on the grounds that it was a ploy to waste the time of the court.

“We vehemently opposed this application, praying for an order to adjourn further proceedings to await the ruling of the application in the Supreme Court which will come in the distant future.”

Tahir maintained that the application had no accommodation in law, since it was amorphous and an attempt to draw the case back.

He urged the court to dismiss the application, adding that the sum total of the antecedents of the defence in the matter amounted to holding the court to ransom which the court must resist.

Trial judge, Justice Okon Abang, adjourned the matter till May 2 to rule on the application for stay of proceedings.

He, however, adjourned hearing of the 2nd defendant’s application for similar adjournment till March 23.

The News Agency of Nigeria (NAN), reports that Metuh is on trial over alleged N400million money laundering charges, money he allegedly collected from the office of the former National Security Adviser, retired Sambo Dasuki.

March 22, 2017