The Federal High Court sitting in Abuja, yesterday, slated April 8 for the Economic and Financial Crimes Commission, EFCC, to respond to an application by the embattled National Publicity Secretary of the Peoples Democratic Party, PDP, Chief Olisa Metuh, asking Justice Okon Abang to hands-off his trial. Counsel to the EFCC, Mr. Sylvanus Tahir, told the court yesterday that the said motion dated March 23, was not served on him.

Tahir however confirmed that Metuh had around  1:33pm  on Wednesday, served him another motion that is praying the high court to stay further proceeding on the charge against him, pending the determination of a suit he lodged before the Abuja Division of the Court of Appeal. “I express utter ignorance of the motion asking the court to disqualify itself. That has not been served on us”, Tahir added

Sequel to his submission, Metuh, yesterday, furnished the EFCC a copy of his application right inside the court room, even as Justice Abang gave the commission three days to file its response.

Meantime, though the court originally fixed yesterday for Metuh to open his defence to the seven-count criminal charge the EFCC entered against him, however, the matter could not go on, owing to a letter from his lead counsel, Dr. Onyechi Ikpeazu, SAN, who is still recuperating from an eye surgery. Aside a letter Ikpeazu wrote to the court wherein he applied for the case to be adjourned till April, another lawyer in Metuh’s team, Mr. Emeka Etiaba, SAN, yesterday, also prayed the court to suspend further hearing on the matter.

Etiaba said he abandoned his family at the airport to appear before the court to make the request. Though the EFCC vehemently opposed the application, however, Justice Abang held that there was need for him to firstly determine whether or not he would disqualify himself from the matter. The judge said he has already responded to a petition Metuh lodged against him before the Chief Judge of the High Court.

Justice Abang said the outcome of his ruling on the next adjourned date would determine whether Metuh would be compelled to immediately open his defence to the charge against him. He stressed that the adjournment yesterday was at the instance of the defendant, who he said under the Administration of Criminal Justice Act, is only allowed to seek adjournment for a maximum of five times.

Meanwhile, there was an unusual presence of armed police men in court yesterday, a situation that fuelled speculation that the Judge could revoke the bail he earlier granted to the defendant and remand him at Kuje prison. The speculation was further strengthened by the presence of prison officials and there wagon throughout the duration of the proceeding yesterday.

One of the senior lawyers in court yesterday, Chief Akin Olujumi, SAN, expressed worry over the presence of the policemen inside the courtroom, a situation that led the Judge to direct them to stand by the corridor, saying “you have nothing to fear, this is simply a court issue”.

Shortly before the matter was adjourned, Justice Abang who was visibly irked, stood the case down for about 10munites after the policeman attached to him came and whispered in his ear. It was not confirmed if he was summoned by the CJ to shelve the alleged plan to return revoke Metuh’s bail, a development that would have kept him in prison till after the Easter celebrations.

EFCC had alleged that Metuh received N400million from the Office of the National Security Adviser, ONSA, prior to the 2015 presidential election. It alleged that the fund was part of about $2.1billion that was earmarked for the purchase of arms to prosecute the war against insurgency in the country. The prosecuting agency told the court that the N400m was on the instruction of the former NSA, Col. Sambo Dasuki, retd, electronically  wired from an account ONSA operated with the Central Bank of Nigeria, CBN, to Metuh, via account no. 0040437573, which his firm, Destra Investment Limited, operated with Diamond Bank Plc. The firm was also joined as the 2nd defendant in the matter.

Justice Abang had in a ruling he delivered on March 9, dismissed a no-case-submission Metuh filed through his consortium of lawyers led by four Senior Advocates of Nigeria, saying the EFCC had through evidence that was laid by eight witnesses, established that he has a criminal case to answer. The court therefore adjourned the matter for the accused person to open his defence to the charge against him.

However, at the last adjourned date, Justice Abang drew attention of the parties to the petition Metuh lodged against him before the CJ. The petition with Ref No. EES/01/11/03/16, dated March 11, 2016, was signed by Mr. Etiaba, SAN. However, Justice Abang who disclosed that a copy of the petition was forwarded to him by the CJ on March 16, at about  4pm, said he would not hands-off the case.

He said: “I have a circular that was issued by my employer, the National Judicial Council, NJC, that whenever there is a petition in any matter seeking for transfer of a case pending before the judge, that such judge handling the case should continue to preside until a decision is taken on the petition. “On account of that circular, I shall continue to preside until the CJ takes a decision on Etiaba’s petition.

Let it be known that whatever decision I take on this matter is in-line with my conscience and the law. I fear no evil and I cannot be intimidated”, Justice Abang stated. He further berated Metuh’s lawyer for not serving a copy of the petition on the prosecuting counsel, an action he said was in flagrant disobedience to the provision of Order 30 Rule 5 of the Rules of Professional Conduct of legal practitioners, 2007.

“The conduct of Etiaba is unethical. As a SAN, I expected that he should be aware of the law. The prosecution which represents the Federal Republic of Nigeria ought to have been availed a copy of the petition”, the Judge noted.

Justice Abang said Metuh sought his disqualification from the case on three grounds- that all the rulings he previously delivered were in favour of the prosecution, that he refused to release the record of proceedings to him, as well as on the premise that they were classmates at the law school. “I cannot be blackmailed. Even if the accused was my classmate, that does not change the fact of the case and the law”,   Justice Abang fumed.

Specifically, Metuh, in his petition, told the CJ that the trial Judge had on  January 19, handed him very stringent bail conditions, among which included that he must deposit N400m and produce two sureties that must own landed properties in Maitama, Abuja. He said owing to the stringent conditions, he spent another nine days in detention before the terms were eventually varied by the court.

Metuh alleged that the judge refused to avail him the constitutionally guaranteed right to reasonable time to prepare his case and had since the matter commenced, refused applications made by his counsel except the ones that were not opposed by the prosecution. He said the Judge deliberately frustrated his bid to challenge some of his rulings by refusing to give him the record of proceedings for a period over one month and one week.

“The defendant view the refusal/ failure of the Honourable judge to release the CTC of the record of proceedings as unhealthy and a manifestation of his Lordship’s determination to frustrate the defence and appeal. “The defendants believe that ha in been a part of the trial in this case and having noticed the disposition of his Lordship in this case, they ask themselves this pertinent question: Do we believe that honourable Justice O. E. Abang will do justice in this case?

“They went ahead to resolve the question in the negative, hence a need for this very urgent and intervening letter. “May we therefore appeal to my Lord in the interest of justice to cause the transfer of this case to be made to any other judge in the interest of justice”, the petition read.

It will be recalled that Justice Abang had on March 9,  said he was satisfied that there was a prima-facie nexus linking Metuh and his company to the N400m that was transferred from ONSA. The trial judge noted that Metuh had in a statement he made before the EFCC, admitted that he was the sole signatory to the account where the fund was lodged in.

“There are several questions that only the defendant can answer. He admitted knowledge that on November 24, 2014, the sum on N400m was transferred to his company’s account with Diamond Bank Plc. “Did the 1st defendant enquire from the bank the source of the money? If he did, what was the response of the bank? It is only the defendant that can answer the question.

“If he did not enquire from the bank, did he report the matter to the EFCC or the Police? If he did not inform the police about the cash inflow into his company’s account, why did he fail to do so? “Why did he disburse the fund PW6 and 7, and also to Chief Tony Anenih?

It is my view that only when the 1st defendant answers the questions, that it will be clear if he knew that the transfer of the N400m formed part of illegal proceeds of crime by the former NSA. “I have only heard from the prosecution and I am satisfied that a prima-facie case has been made out against the defendant.

“There is urgent need for the 1st defendant to tell the court whether indeed he gave $2m to the PW-1 (Nneka Ararume) to convert to Naira equivalent and also the origin of these funds. “It is my position that the defendant cannot be charged for money laundering if the source of the funds are legitimate”, Justice Abang added.

He further noted that one of the witnesses had insisted that the $2m was linked to $47m that was withdrawn from the CBN by Dasuki and handed over to the Aide-de-camp to former President Goodluck Jonathan to share to PDP chieftains that participated in a convention the party held on November 27, 2014. “The no-case submission lacks merit and same is accordingly dismissed. The defendant is to enter his defence today”, the court ruled.

Vanguard