Thursday, 26 May 2016

Metuh has corruption case to answer – Appeal Court

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Olisa Metuh, the former spokesperson of the Peoples Democratic Party, has a corruption case to answer at the High Court, the Court of Appeal in Abuja ruled Wednesday.
The appeal court dismissed an application filed by Mr. Metuh, challenging an earlier court ruling that quashed his no-case-submission.
Mr. Metuh had filed a non-case submission at the High Court, arguing that he had no case to answer, and that he should be discharged.
His lawyer, Onyeachi Ikpeazu, said that evidences against his client were insufficient to prove a case against him.
He said it was up to the prosecution to prove that N400 million received by his Mr. Metuh’s company was paid for illegal purposes.
After arguments, Justice Okon Abang of the High Court dismissed that application.
Mr. Metuh challenged the ruling at the appeal court, which also dismissed the application on Wednesday.
In a unanimous judgement, a three-member panel led by Justice Abdul Aboki said Mr. Metuh ought to open his case and proceed with his defence, as he had done.
“Where a no case submission is adduced, the appellant should explain exactly what happened,” the judge said. “There is need for the appellant to offer an explanation on the prima fascie case established against him.”
The court therefore dismissed the application for lacking in merit.
But speaking with journalists after the ruling, Mr. Ikpeazu said his client had the legal prerogative to appeal, even at the Supreme Court.
He said his client had opened his defence already at the Federal High Court and that there were issues in the Appeal Court ruling which the defence team was not comfortable with.
“After due consultation with our client, I will instruct our team on the next action. Our client has the right of appeal all the way to the Supreme Court.
“Chief Metuh had shown sufficient evidence that he was not aware of the source of the N400 million made available to him by the former president and he has shown his willingness, since the commencement of this matter, to refund the said sum even when there is no guilt knowledge (mens rea),” Mr. Ikpeazu stated.
On an earlier ruling in the day by Mr. Abang, denying Mr. Metuh’s application to travel abroad for medical treatment, Mr. Ikpeazu said what was important was the health of Mr. Metuh.
“Even the constitution recognizes the fact that an accused should be alive and fit to face trial and defend himself,” said Mr. Ikpeazu.

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