EFCC prays court to cancel Metuh’s bail, send him back to prison

The Economic and Financial Crimes Commission (EFCC) has demanded that the bail granted to the former Publicity Secretary of the Peoples Democratic Party (PDP), Olisa Metuh, be annulled and that he should be sent back to prison.

The anti-graft agency made this prayer before the Federal High Court in Abuja on Tuesday following the failure of Metuh to appear in court on Monday and today (Tuesday), for his trial on alleged fraudulent reception of N400 million from the Office of the National Security Adviser (NSA) in 2014

The EFCC is prosecuting Metuh and his company, Destra Investments Limited, on seven counts for the alleged offence.

The commission had also accused Metuh of making transaction with $2 million cash, which was above the threshold of cash payment prescribed by the Money Laundering (Prohibition) Act.

Earlier on Monday, the court was informed that Metuh was not able to appear before it because he was on admission at the Nnamdi Azikiwe Teaching Hospital, Nnewi, Anambra State.

After he was absent again on Tuesday (today), counsel to the EFCC, Mr. Sylvanus Tahir, applied that Metuh be sent to jail and made to attend his trial from prison.

“The court should decline the invitation to order investigation into the veracity of the letter. There is no basis for that. There is no basis to suggest that the court must believe this letter. The letter is not attached to an affidavit. How will the prosecution investigate the document?

“There is no reference to the pending charge before this honourable charge. Having regard to the absence of the first defendant from court yesterday and today for inexplicable reasons and also having regard to the fact that he is enjoying the bail of this court and has taken steps to undermine and jeopardise the full objectives the full purpose of bail in the administration of criminal justice, the prosecution is constrained to apply for the revocation of the bail of the first defendant pursuant to sections 173(b) of the Administration of Criminal Justice Act and section 169 of the same Act.

“It follows without mention that we are vehemently opposed to application for adjournment. And we pray this honourable court to revoke the bail granted to the first defendant and commit him to prison until the conclusion of his trial. Once the bail is revoked, he will be attending his trial from the prisons.”

In his response, counsel to Metuh, Dr. Oneychi Ikpeazu (SAN), urged the court to dismiss the application for bail revocation. On the other hand, he prayed the court to adjourn the trial till a period after the end of the week, assuring that Metuh would be in court by then.

READ ALSO: ALLEGED N450M MONEY LAUNDERING: EFCC arraigns ex-minister, 2 others in court

“My learned friend has not filed a motion for the revocation of the bail granted by this honourable court.

“Counsel cannot rightly submit that a letter should have been brought by affidavit evidence and so should be disregarded, and then turn around to found his application for the revocation of the bail on the same letter, which he claimed should not be before the court.

“Another point he made was that there is an application to call additional witnesses. Even if, without conceding, that he can make an oral application, the first defendant’s application has not been moved by anybody. He cannot say that the application will be moved. He cannot again pre-empt if there is merit in the application.

“Therefore my lord, my learned friend has not placed any material before the court on why the bail granted by my lord after an extensive application should simply just be revoked.

“The essential facts to support such revocation must deal with the facts that the defendant is a flight risk, he is interfering with witnesses of the prosecution or interfering with due administration of justice,” Ikpeazu said.

Subsequently, the trial judge, Justice Okon Abang adjourned further proceeding in the matter till tomorrow (Wednesday).

 

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