Alleged N400m fraud: Metuh has a case to answer, says Supreme Court

The Supreme Court ruled on Friday that a former National
Publicity Secretary of the Peoples Democratic Party, Chief Olisa
Metuh, had a case to answer in respect of the money laundering
charges involving the sums of N400m and $2m instituted against him
by the Economic and Financial Crimes Commission.

The composite judgment of a five-man panel of the Supreme Court
on the separate appeals filed by Metuh and his company, Destra
Investments Limited, unanimously affirmed the May 25, 2016 judgment
of the Court of Appeal in Abuja.

The Court of Appeal had dismissed the appeals for being
incompetent, and went on to uphold the March 9, 2016 ruling of
Justice Okon Abang of the Federal High Court in Abuja dismissing
the defendants’ no-case submission.

The judgment of the Court of Appeal which was affirmed by the
apex court on Friday had held that the appeals by the appellants
failed to comply with constitutional requirement.

According to the Court of Appeal, Metuh and his company failed
to first obtain the leave of either the trial court or the
appellate court before filing a notice of appeal as required by the
Constitution when filing an appeal against an interlocutory
decision, on the grounds of mixed law and facts.

The Court of Appeal had held that the appellants having failed
in that regard their appeals were incompetent and the court lacked
jurisdiction to hear them.

Justice Dattijo Mohammed headed the five-man panel of the apex
court and prepared the leading judgment of the Supreme Court which
affirmed the decision of the Court of Appeal on Friday.

In Justice Mohammed’s judgment which was read on his behalf by
Justice Ejembi Eko, the apex court resolved all the three issues
raised in the appeals against the appellants.

The apex court held that as much as the Court of Appeal lacked
the jurisdiction to hear the appeals, the Supreme Court too could
not entertain the appeal arising from the incompetent appeals
before the court below.

Affirming the decision of the Court of Appeal, the Supreme Court
ruled, “By section 233 (2) of the 1999 Constitution (as amended),
appeals from the Court of Appeal to this court lies only against
the decisions of that court.

“Such decisions evolve from the Court of Appeal upon the
exercise of jurisdiction over appeals from the court below.

“Where the Court of Appeal lacks the necessary jurisdiction, in
the first place, to hear and determine the appeal before it, such
as in the instant case, no decision of the court against the
competent appeal lies to this court.

“It is for that reason I strike out the incompetent appeal and
affirm the judgment of the lower court below.”
Other members of the panel – Justices Kudirat Kekeree-Ekun, John
Okoro, Chima Nweze and Ejembi Eko – agreed with the leading
judgment.

The EFCC is prosecuting Metuh and his firm, Destra Investments
Limited, on seven counts of money laundering involving allegations
of receiving N400m fraudulently from the Office of the National
Security Adviser in 2014.

The Supreme Court ruled on Friday that a former National
Publicity Secretary of the Peoples Democratic Party, Chief Olisa
Metuh, had a case to answer in respect of the money laundering
charges involving the sums of N400m and $2m instituted against him
by the Economic and Financial Crimes Commission.

The composite judgment of a five-man panel of the Supreme Court
on the separate appeals filed by Metuh and his company, Destra
Investments Limited, unanimously affirmed the May 25, 2016 judgment
of the Court of Appeal in Abuja.

The Court of Appeal had dismissed the appeals for being
incompetent, and went on to uphold the March 9, 2016 ruling of
Justice Okon Abang of the Federal High Court in Abuja dismissing
the defendants’ no-case submission.

The judgment of the Court of Appeal which was affirmed by the
apex court on Friday had held that the appeals by the appellants
failed to comply with constitutional requirement.

According to the Court of Appeal, Metuh and his company failed
to first obtain the leave of either the trial court or the
appellate court before filing a notice of appeal as required by the
Constitution when filing an appeal against an interlocutory
decision, on the grounds of mixed law and facts.

The Court of Appeal had held that the appellants having failed
in that regard their appeals were incompetent and the court lacked
jurisdiction to hear them.

Justice Dattijo Mohammed headed the five-man panel of the apex
court and prepared the leading judgment of the Supreme Court which
affirmed the decision of the Court of Appeal on Friday.

In Justice Mohammed’s judgment which was read on his behalf by
Justice Ejembi Eko, the apex court resolved all the three issues
raised in the appeals against the appellants.

The apex court held that as much as the Court of Appeal lacked
the jurisdiction to hear the appeals, the Supreme Court too could
not entertain the appeal arising from the incompetent appeals
before the court below.

Affirming the decision of the Court of Appeal, the Supreme Court
ruled, “By section 233 (2) of the 1999 Constitution (as amended),
appeals from the Court of Appeal to this court lies only against
the decisions of that court.

“Such decisions evolve from the Court of Appeal upon the
exercise of jurisdiction over appeals from the court below.

“Where the Court of Appeal lacks the necessary jurisdiction, in
the first place, to hear and determine the appeal before it, such
as in the instant case, no decision of the court against the
competent appeal lies to this court.

“It is for that reason I strike out the incompetent appeal and
affirm the judgment of the lower court below.”
Other members of the panel – Justices Kudirat Kekeree-Ekun, John
Okoro, Chima Nweze and Ejembi Eko – agreed with the leading
judgment.

The EFCC is prosecuting Metuh and his firm, Destra Investments
Limited, on seven counts of money laundering involving allegations
of receiving N400m fraudulently from the Office of the National
Security Adviser in 2014.