….As court refuses request for foreign
treatment
Former spokesman of the People’s Democratic Party (PDP), Olisa
Metuh said Thursday that his trial will not lead to conviction.
Metuh said: “I will go to the witness box. There is nothing in
my case that will ever lead to conviction.”
He spoke in Abuja Thursday while reacting to a ruling by Justice
Okon Abang of the Federal High Court on his (Metuh’s) motion for
leave to travel abroad for medical treatment.
Metuh and his company, Destra Investment Limited are being tried
before the court on charges of money laundering.
They are said to have unlawfully received N400m from the Office
of the National Security Adviser (ONSA) in November 2014 to fund
the party’s presidential campaign ahead of the 2015 poll.
Metuh and Destra are also said to have engaged in cash
transaction of $2m without going through a financial
institution.
Ruling yesterday, Justice Abang said his court lacked
jurisdiction to entertain Metuh’s motion, since he failed to appeal
the court’s decision in May 2016, rejecting similar a application
by the defendant.
The judge also said the motion, argued by parties last month,
was without merit because it was not supported by a medical
report.
Metuh, who had on two occasions attended court on a stretcher
and later on wheel chair, came to court yesterday with the aid of a
walking frame.
Justice Abang had, on May 25, 2016 dismissed a similar motion
for the release of his passport to enable him seek medical
attention in the United Kingdom.
While dismissing the latest one yesterday, the judge upheld the
argument by Sylvanus Tahir (for the prosecution) that Exhibit 3,
relied upon by the applicant amounted to “a documentary hearsay” in
as much as the doctor who issued it did not personally examine
Metuh.
Justice Abang noted that, besides failing to personally examine
Metuh, the doctor who authored the document merely relied on other
medical reports which were never produced before the court for
scrutiny.
Justice Abang said: “To the extent that the author of Exhibit 3
relied on the content of two other letters or two other medical
reports dated January 20, 2017 and January 30, 2018 to come to the
conclusion that the defendant needed to be referred to the United
Kingdom, the Exhibit 3 is a documentary hearsay which is not
tenable. I so hold.
“In the same vein, the applicant cannot rely on the document not
brought before the court without producing the document before the
court.
“He (Metuh) ought to have known that it is no longer fashionable
to use ill health to delay trial,” the judge said.
Justice Abang noted that had the court not prevented Metuh from
hijacking the proceedings, he would not have called the 10
witnesses that had appeared in court to defend him.
He added: “On the account of the conduct of the 1st defendant
(Metuh) since February 9, 2016 when the prosecution closed its case
whereby the defendant has employed all manners of tactics to delay
the case, I cannot exercise my discretion in his favour.
“On whether the court has jurisdiction to entertain the
application, in the final analysis, I have no jurisdiction to
entertain the matter on merit.
“On whether the application has merit, the application lacks
merit and accordingly dismissed.”
The judge further noted that there was no medical report filed
in support of the application even when the Supreme Court had ruled
that for such application to be granted it must be backed by a
convincing medical report to the satisfaction of the court.
He said Metuh could not have filed a medical report since the
court had, on January 25, 2016 prohibited him from filing such
report since he had resorted to using his ill health to frustrate
the trial.
The judge was of the view that instead of filing a fresh motion
for permission to travel abroad, Metuh ought to have appealed the
2016 ruling of the court.
Justice Abang adjourned to today for further proceedings in the
case.
Reacting to the judge’s ruling after the court’s proceedings,
Metuh described court’s decision as “frustrating” and
“shocking”.
He noted: “This is because, in the course of our filing the
application we had contended with the fact that the judge said we
should not bring medical report again.
Metuh, who is currently conducting his defence, has called 10
witnesses.
He noted that “in the course of defending this matter, there is
nothing unlawful or illegal that we have done”.
Metuh insisted that he was innocent. He said he was eager to
defend himself and might have have to stop calling from his fresh
list of 10 witnesses to enable him personally take the witness
stand.
He said: “I will go to the witness box. There is nothing in my
case that will ever lead to conviction.”
….As court refuses request for foreign
treatment
Former spokesman of the People’s Democratic Party (PDP), Olisa
Metuh said Thursday that his trial will not lead to conviction.
Metuh said: “I will go to the witness box. There is nothing in
my case that will ever lead to conviction.”
He spoke in Abuja Thursday while reacting to a ruling by Justice
Okon Abang of the Federal High Court on his (Metuh’s) motion for
leave to travel abroad for medical treatment.
Metuh and his company, Destra Investment Limited are being tried
before the court on charges of money laundering.
They are said to have unlawfully received N400m from the Office
of the National Security Adviser (ONSA) in November 2014 to fund
the party’s presidential campaign ahead of the 2015 poll.
Metuh and Destra are also said to have engaged in cash
transaction of $2m without going through a financial
institution.
Ruling yesterday, Justice Abang said his court lacked
jurisdiction to entertain Metuh’s motion, since he failed to appeal
the court’s decision in May 2016, rejecting similar a application
by the defendant.
The judge also said the motion, argued by parties last month,
was without merit because it was not supported by a medical
report.
Metuh, who had on two occasions attended court on a stretcher
and later on wheel chair, came to court yesterday with the aid of a
walking frame.
Justice Abang had, on May 25, 2016 dismissed a similar motion
for the release of his passport to enable him seek medical
attention in the United Kingdom.
While dismissing the latest one yesterday, the judge upheld the
argument by Sylvanus Tahir (for the prosecution) that Exhibit 3,
relied upon by the applicant amounted to “a documentary hearsay” in
as much as the doctor who issued it did not personally examine
Metuh.
Justice Abang noted that, besides failing to personally examine
Metuh, the doctor who authored the document merely relied on other
medical reports which were never produced before the court for
scrutiny.
Justice Abang said: “To the extent that the author of Exhibit 3
relied on the content of two other letters or two other medical
reports dated January 20, 2017 and January 30, 2018 to come to the
conclusion that the defendant needed to be referred to the United
Kingdom, the Exhibit 3 is a documentary hearsay which is not
tenable. I so hold.
“In the same vein, the applicant cannot rely on the document not
brought before the court without producing the document before the
court.
“He (Metuh) ought to have known that it is no longer fashionable
to use ill health to delay trial,” the judge said.
Justice Abang noted that had the court not prevented Metuh from
hijacking the proceedings, he would not have called the 10
witnesses that had appeared in court to defend him.
He added: “On the account of the conduct of the 1st defendant
(Metuh) since February 9, 2016 when the prosecution closed its case
whereby the defendant has employed all manners of tactics to delay
the case, I cannot exercise my discretion in his favour.
“On whether the court has jurisdiction to entertain the
application, in the final analysis, I have no jurisdiction to
entertain the matter on merit.
“On whether the application has merit, the application lacks
merit and accordingly dismissed.”
The judge further noted that there was no medical report filed
in support of the application even when the Supreme Court had ruled
that for such application to be granted it must be backed by a
convincing medical report to the satisfaction of the court.
He said Metuh could not have filed a medical report since the
court had, on January 25, 2016 prohibited him from filing such
report since he had resorted to using his ill health to frustrate
the trial.
The judge was of the view that instead of filing a fresh motion
for permission to travel abroad, Metuh ought to have appealed the
2016 ruling of the court.
Justice Abang adjourned to today for further proceedings in the
case.
Reacting to the judge’s ruling after the court’s proceedings,
Metuh described court’s decision as “frustrating” and
“shocking”.
He noted: “This is because, in the course of our filing the
application we had contended with the fact that the judge said we
should not bring medical report again.
Metuh, who is currently conducting his defence, has called 10
witnesses.
He noted that “in the course of defending this matter, there is
nothing unlawful or illegal that we have done”.
Metuh insisted that he was innocent. He said he was eager to
defend himself and might have have to stop calling from his fresh
list of 10 witnesses to enable him personally take the witness
stand.
He said: “I will go to the witness box. There is nothing in my
case that will ever lead to conviction.”
Read more https://nairalaw.com/money-laundering-i-cant-be-convicted-metuh/