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The spokesperson of the Peoples Democratic Party, Olisa Metuh, has withdrawn his application for stay of proceedings at the Court of Appeal in Abuja.
Mr. Metuh is standing trial at the Federal High Court for alleged corruption.
The PDP spokesperson had, through his counsel, Onyeachi Ikpeazu, asked the appeal court to halt his trial, pending the determination of his application challenging a previous ruling of the high court.
Justice Okon Abang of the federal high court had dismissed an earlier application from Mr. Metuh seeking a “no case submission”.
Mr. Metuh challenged the ruling and asked the appeal court to prevent his trial till the determination of the appeal.
But on April 25, a three-member panel of judges, led by Abdul Aboki, told Mr. Metuh’s counsel, Onyeachi Ikpeazu, that the court would not stop the trial at the lower court.
On Thursday, the prosecution counsel, Sylvanus Tahir, told the court that the application for stay of proceedings was still before it, saying the applicant had not withdrawn the said application.
His request that the application be refused was interjected by Mr. Aboki who noted that the court had already made it clear that it does not grant such application.
“We have stated it severally that we do not do that here,” said Mr. Aboki.
Subsequently, Mr. Ikpeazu informed the court that his client would focus on its main application before it and withdraw the application for stay of proceedings.
The application was therefore withdrawn.
Responding to Mr. Ikpeazu’s submission regarding the main application, Mr. Tahir also asked the court to dismiss the application which seeks to contest the ruling of Mr. Okon, stressing that the application was lacking in merit.
Mr. Tahir said for the appeal by Mr. Metuh to be considered valid, his counsel ought to have sought the leave of the trial court as well as the Court of Appeal, which they failed to do before making their application.
He therefore prayed the court to dismiss the appeal.
But counsel to Destra Investment, Tochukwu Onwubufor, however noted that Mr. Tahir did not include the reason he is objecting the application in his grounds of arguments filed before the court.
He said the verbal objection raised by Mr. Tahir was unconstitutional and should therefore be dismissed.
Mr. Onwubufor then prayed the court to set aside the ruling of the lower court.
The case was adjourned till a date to be communicated later.
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