An FCT High Court, Maitama, on Wednesday fixed April 23 for
ruling on the no-case submission filed by Olisa Metuh, a former PDP
spokesman, accused of alleged destruction of evidence.
Metuh was arraigned by the Economic and Financial Crimes
Commission, on a two-count bordering on alleged destruction of
evidence.
The case which was before Justice Ishaq Bello was adjourned
until April 23, with the consent of counsel as the court did not
sit.
The case was earlier adjourned until March 7, for ruling on
Metuh’s no- case submission.
Metuh’s counsel, Dr. Onyechi Ikpeazu (SAN), had on October 10,
2017, told the court that they would enter a no-case submission at
the close of the prosecution’s case
Arguing the no-case submission, Ikpeazu had told the court that
the prosecution had not established any case to warrant the
defendant to be called to enter his defence.
He said that the application was in pursuant to the provisions
of Sections 302 and 357 of ACJA.
He added that the defendant had a constitutional liberty and
could not be prosecuted where he either refused to make a statement
or withdraw any part of his writing in the course of making a
statement.
He said that the defendant had a right to cancel any part of his
statement voluntarily.
He reminded the court that the charge by EFCC was that Metuh
destroyed his statement and obstruct the EFCC officials by
willfully tearing his statement.
Ikpeazu added that a piece of paper not signed did not qualify
as a statement by the defendant, and urged the court to discharge
and acquit the defendant.
The prosecuting counsel Mr. Sylvanus Tahir, urged the court to
establish whether or not a prima facie case had been made against
the defendant
He added that cancellation was different from tearing which was
an obstruction, and urged the court to call upon the defendant to
enter his defence.
(NAN)
An FCT High Court, Maitama, on Wednesday fixed April 23 for
ruling on the no-case submission filed by Olisa Metuh, a former PDP
spokesman, accused of alleged destruction of evidence.
Metuh was arraigned by the Economic and Financial Crimes
Commission, on a two-count bordering on alleged destruction of
evidence.
The case which was before Justice Ishaq Bello was adjourned
until April 23, with the consent of counsel as the court did not
sit.
The case was earlier adjourned until March 7, for ruling on
Metuh’s no- case submission.
Metuh’s counsel, Dr. Onyechi Ikpeazu (SAN), had on October 10,
2017, told the court that they would enter a no-case submission at
the close of the prosecution’s case
Arguing the no-case submission, Ikpeazu had told the court that
the prosecution had not established any case to warrant the
defendant to be called to enter his defence.
He said that the application was in pursuant to the provisions
of Sections 302 and 357 of ACJA.
He added that the defendant had a constitutional liberty and
could not be prosecuted where he either refused to make a statement
or withdraw any part of his writing in the course of making a
statement.
He said that the defendant had a right to cancel any part of his
statement voluntarily.
He reminded the court that the charge by EFCC was that Metuh
destroyed his statement and obstruct the EFCC officials by
willfully tearing his statement.
Ikpeazu added that a piece of paper not signed did not qualify
as a statement by the defendant, and urged the court to discharge
and acquit the defendant.
The prosecuting counsel Mr. Sylvanus Tahir, urged the court to
establish whether or not a prima facie case had been made against
the defendant
He added that cancellation was different from tearing which was
an obstruction, and urged the court to call upon the defendant to
enter his defence.
(NAN)
Read more https://nairalaw.com/court-fixes-april-23-to-rule-on-metuhs-no-case-submission/