JUST IN: Metuh Loses suit against EFCC
– The court ruled that it lacked the jurisdiction to address Metuh’s suit
– Metuh ordered to pay N15,000 to the EFCC
Olisa Metuh has argued that his prolonged detention by the respondent is against the law.
The national publicity secretary of the Peoples Democratic Party (PDP), Olisa Metu,h has lost his suit against the Economic and Financial Crimes Commission (EFCC) over an alleged abuse of his fundamental human rights.
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In his ruling, today, March 9, Justice Okon Abang said that the court lacked the jurisdiction to decide on the matter which already had a superseding court order.
He said the respondent in its argument informed the court that it had obtained a remand order from a magistrates court in Abuja.
While stating that the magistrates court lacked the jurisdiction to provide a remand order, Justice Abang said the matter before it is not to rule on whether the magistrates court could give such an order or not.
Abang said: “I have to point out at the preliminary stage of this judgement the applicant in this suit is not on trial, in this case the court is delivering judgment on the application of fundamental human rights.”
He said the decision of the court is to make a judgement whether the EFCC violated the rights of the applicant during his detention and not on whether Metuh is on trial.
However, he said that the application for bail is struck out since applicant has already been granted bail by the court.
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Regarding the arrest of the applicant, the court ruled that EFCC has the statutory mandate to arrest the applicant for alleged financial offences.
But he said Metuh’s detention by the commission is contrary to the provision of section 35 subsection 4 and 5 of the 1999 constitution as amended.
He said the executive arm of the government must reserve its statutory power within the confines of the law.
Abang said in this case the applicant was detained for upward of 10 days contrary to the law.
“I cannot in a fundamental human rights matter assume jurisdiction over a decision by the magistrate court,” Abang said.
“It is my view that where a remand order has been issued before, it is for the applicant to suspend proceedings and challenge the decision of the remand order,” he said.
Abang said: “This court cannot command the impossible; I cannot declare the order of the Magistrate Court to remand the applicant because that order supersedes.”
He added that there is nothing the court can do because the court in this matter is not sitting as an appellate court.
Abang said Metuh’s detention was carried out within the confines of the law following a superseding remand order.
He also ordered that the PDP spokesperson pay damages of N15,000 to the EFCC.
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Metuh had argued that he was arrested without an arrest warrant by the EFCC and held for over 72 hours without being charged to court.
Metuh had also argued that his prolonged detention by the respondent is against the law. He said he is being persecuted for being the spokesperson of the PDP. He denied having torn or eaten any statement given by him as widely reported by the EFCC.
Meanwhile, the court refused a no case submission brought before it by Metuh. In its ruling, Justice Abang said the prosecution has been able to establish a primae facie case against the defendant.
Abang said there are several questions that ought to have been asked in this matter. These questions he said can only be answered by the first defendant.
“Did the first defendant inquire from the bank, the source of the money (N400 million) paid into his account?” Abang asked.
“Another question, why did he disburse the fund to other defendants without knowing the source?” the judge continued.
He said the issue of mens rea is difficult to establish without cross-examining the first defendant.
“I have no doubt in my mind that the first defendant has questions to answer as regards count 1,2, 3 and 4,” the judge said.
He also said the prosecution had made a primae facie case against the defendant on count 5 and 6.
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He however said it is not for the court to make findings whether the prosecution witnesses acted within its power as a financial institution.
He also said there is urgent need for Metuh to tell the court whether he gave $2 million to the first prosecution witness to source for naira equivalent and its source.
He further ruled that the no case submission lacked merit and was hereby dismissed.
Abang also called for the defence to further open its case on the matter for continuation of trial.
Following this, the defense counsel, Onyechi Ikpeazu asked the court to give his time to make witnesses available for the matter.
But in his objection, the prosecuting counsel, Sylvanus Tahir said it is obvious that there is a witness and the previous court ruling had also mandated the defence to be prepared for its defence should the no case submission be struck out.
The matter has been adjourned to March 17 for a continuation of the trial.
Metuh is alleged to have received N400 million from the infamous Dasukigate largesse.
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The prosecution and the EFCC having closed their case was served with a no case submission on the matter by the defence.
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