By Ikechukwu Nnochiri
ABUJA – The Abuja Division of the Federal High Court, yesterday, remanded the embattled National Publicity Secretary of the Peoples Democratic Party, PDP, Mr. Olisa Metuh in prison custody.
Metuh who is answering to a seven-count criminal charge that was preferred against him by the Economic and Financial Crimes Commission, EFCC, will remain in prison till Tuesday when the court will determine whether or not he should be released on bail.
Meantime, the PDP spokesman who is facing trial alongside his firm, Destra Investment Limited, over alleged N400m fraud, yesterday, pleaded not guilty to the charge against him.
Metuh who is answering to a seven-count criminal charge that was preferred against him by the Economic and Financial Crimes Commission, EFCC, will remain in prison till Tuesday when the court will determine whether or not he should be released on bail.
The charge against Metuh borders on alleged money laundering, breach of trust and criminal diversion of public funds.
Specifically, EFCC, alleged that the accused person had in November, 2014, received the sum of N400m from the erstwhile National Security Adviser, NSA, Col. Sambo Dasuki, rtd.
The fund which was withdrawn from an account the Office of the NSA operated with the Central Bank of Nigeria, CBN, was allegedly transferred to Metuh through account no. 0040437573, which Destra Investments Limited operated with Diamond Bank Plc.
The anti-graft agency told the court that though the fund was siphoned to boost campaign activities of the PDP, it said that Metuh diverted most of it to his personal use.
The anti-graft agency told the court that though the fund was siphoned to boost campaign activities of the PDP, it said that Metuh diverted most of it to his personal use.
It alleged that Metuh converted part of the money to one Million US Dollars which he used for his personal business.
Besides, Metuh was alleged to have transferred the sum of N21.7m to another chieftain of the PDP, Chief Tony Anenih.
Besides, Metuh was alleged to have transferred the sum of N21.7m to another chieftain of the PDP, Chief Tony Anenih.
The charge marked FHC/ABJ/CR/05/2016, was signed by the Assistant Director, Legal & Prosecution Department of the EFCC, Mr. Sylvanus Tahir.
Metuh had after his arraignment yesterday, urged trial Justice Okon Abang to grant him bail pending hearing and determination of the case against him.
Metuh had after his arraignment yesterday, urged trial Justice Okon Abang to grant him bail pending hearing and determination of the case against him.
He made the oral bail application through his lawyer, Dr. Onyechi Ikpeazu, SAN.
Ikpeazu, SAN, who anchored the request on the provision of section 162 of the Administration of Criminal Justice Act, 2015, contended that the offence allegedly committed by his client is a bailable one.
He further placed reliance on section 35 and 36 of the 1999 Constitution, as amended, to insist that under the law, his client ought to be deemed innocent until ingredients of the charge against him are established.
Ikpeazu equally relied on the decided case-law in Abiola vs FRN, 2005, and argued that the court had powers to exercise its discretion in favour of Metuh, based on an oral bail request.
”My lord we do not intend to go outside the law, but to rest the application on the constitutional right of the defendant. We are not going beyond the charge against him, so the issue of bringing an affidavit does not arise”, Ikpeazu added.
However, EFCC, yesterday, vehemently opposed Metuh’s oral bail application.
The commission, through its lawyer Sylvanus Tahir, maintained that Metuh should have filed a formal bail application.
The prosecuting agency argued that the nature of the charge against the accused person was not such that he could orally persuade the court to okay his release from detention, saying he ought to have deposed an affidavit in support of a written bail application.
The prosecuting agency argued that the nature of the charge against the accused person was not such that he could orally persuade the court to okay his release from detention, saying he ought to have deposed an affidavit in support of a written bail application.
“It is our position that the accused person cannot orally move this court to grant him bail. As it stands, he has not placed any material that could sway the court to exercise its discretion one way or the other”, Tahir argued.
At that juncture, the defence counsel pleaded the court to allow his client to remain in the custody of the EFCC pending the determination of his bail, an application that was opposed by the prosecuting counsel.
In a short ruling, Justice Abang agreed with the EFCC, even as he directed Metuh to file a formal bail application.
Consequently, the court remanded the accused person in prison custody.
Justice Abang further directed Metuh’s lawyer to file and serve the bail application within six hours from the time the ruling was delivered yesterday, just as he also gave EFCC 24 hours to file its objection to the application if it has any.
Besides, the court, yesterday, fixed January 25 to commence full-blown hearing on the substantive charge against Metuh.
At that juncture, the defence counsel pleaded the court to allow his client to remain in the custody of the EFCC pending the determination of his bail, an application that was opposed by the prosecuting counsel.
In a short ruling, Justice Abang agreed with the EFCC, even as he directed Metuh to file a formal bail application.
Consequently, the court remanded the accused person in prison custody.
Justice Abang further directed Metuh’s lawyer to file and serve the bail application within six hours from the time the ruling was delivered yesterday, just as he also gave EFCC 24 hours to file its objection to the application if it has any.
Besides, the court, yesterday, fixed January 25 to commence full-blown hearing on the substantive charge against Metuh.
It will be recalled that Metuh had been in the custody of the EFCC since January 5 when he was arrested.
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