THE Federal High Court, Abuja has fixed March 9 for ruling on a No-case application filed by the National Publicity Secretary of the Peoples Democratic Party (PDP), Chief Olisa Metuh.
Counsel to Metuh, Onyechi Ikpeazu (SAN), had on February 18, indicated interest in filling a No-case submission on the charges levelled against Metuh before Justice Okon Abang of the Federal High Court.
Following closure of prosecution by the counsel to the Economic and Financial Crimes Commission (EFCC) on February 9, the defendants (Metuh and Destra Investment Limited) were expected to open defence at once. But Ikpeazu had told the court of his intention to file a No-case submission as, according him, there was no basis for the defendants to open defence.
Addressing the court yesterday, however, Ikpeazu stated that following the submission that the defendants have no case to answer based on what has been presented before the court, they had on February 18 filed a written address on the No-case submission. He urged the court to sustain the motion and discharge and acquit the defendants.
He further told the court that upon receipt of the complainant’s written address, Metuh had filed a reply on Point of Law dated February 24.
“It is our believe that Metuh has no case to answer on the basis of the fact that the evidence given does not relate to the charges placed against him and that the monies alleged to have been seen in his account were claimed by the evidences of the witnesses to have been specifically meant for PDP and for the image of the former President.
“At the end of the evidence of the eighth witnesses, we felt that he had no case no answer. So, we brought our submission in writing and they also filed their reply. From that their reply, we also found loophole on point of law which we also specified and served to them.”
In his ruling, Justice Abang adjourned the matter to March 9 when he would either uphold the No-case application or dismiss it.
“This matter would be adjourned for either ruling or judgement. If the court overrules the defendants, it will deliver ruling dismissing the application and will call on the defendants to open their defence. The case is adjourned for either ruling or judgement as the case may be,” the judge said.
For the prosecution counsel, Tahir Sylvanus, however, it would be fair, based on oral and written evidence, that the defendants enter into their defence.
He said: “You know they filed a No-case submission, arguing before the court that evidence placed by the prosecution in probe of their case does not warrant them to open their defence. On the other hand, we contended and argued before the court that we called eight witnesses who gave oral evidences, we also tendered gamut of documents which were all admitted in evidence as exhibits before the court. Given the oral and documented evidences we tendered before the court, it is our believe and argument that it is only fair that they enter into their defence to tell their own side of the story.”
Also yesterday, Justice Abang had requested Metuh to pay N20, 000 each to six respondents in a fundamental rights suit he filed against the Federal Government.
This followed Metuh’s failure to appear in court yesterday as scheduled over a suit he filed in January, challenging the grounds of his arrest by EFCC.
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