- As Lower Court Denies Him Privilege to Go Abroad for Treatment
Alex Enumah in Abuja
The Appeal Court sitting in Abuja on Wednesday dismissed the application filed by former Peoples Democratic Party (PDP) spokesman, Olisa Metuh, challenging the ruling against his no case submission in March 2016.
The three-man panel led by Justice Abdul Aboki in an unanimous decision held that questions posed by Justice Abang Okon of the Federal High Court in the said ruling were in order and that Olisa Metuh ought to open his case and proceed with his defence as he presently has.
Metuh had approached the Court of Appeal to challenge the ruling by Justice Okon Abang against his no case submission, alleging that the said ruling had pre-determined his position in the trial, ahead of its determination.
Onyeachi Ikpeazu (SAN), counsel to the appellant, had prayed the court to determine whether certain questions posed by Justice Abang ahead of the ruling were indeed not meant to shift the burden of proof against his client and compel him to concede to the disposition of the prosecution that it had established a prima-facie case against Metuh.
Justice Abang had posed the question Ikpeazu referred to to Metuh (first defendant in the matter before the Federal High Court) for clarification on some points regarding Metuh’s reaction to the discovery of N400 million in the account belonging to his company, Destra Investment, in November 2014.
Justice Abang held that if Olisa Metuh fails to make necessary clarifications on the questions, he would otherwise prove he was aware of the source of the funds, thereby proving right the allegations against him.
The questions by Justice Abang included: “Did the first defendant ask to enquire of the source of the funds in November, 2014, after he discovered N400 million in the account of the second defendant? If he did not, why didn’t he? And if he did, what was the response he got?
“Did he report to police that a huge sum of money had been found in his account? If he didn’t, why didn’t he, and if he did, what was the response of the police?
“Also did the first defendant disburse the said funds to various people, including Chief Tony Anenih? If he did, why did he distribute the funds, without making certain its source?” Justice Abang had asked.
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