EFCC alleges plot to scuttle Olisa Metuh’s N400 million fraud trial

The Economic and Financial Crimes Commission, EFCC, on Monday,
alleged attempt to scuttle the ongoing trial of former National
Publicity Secretary of the Peoples Democratic Party, PDP, Chief
Olisa Metuh.

The agency made the allegation on a day it persuaded the Abuja
Division of the Federal High Court to reject an application that
sought the postponement of further hearing on the criminal
proceeding it initiated against Metuh, till November 29.

The request was contained in an affidavit of fact that was filed
before the trial court by counsel to the 2nd defendant in the case,
Chief Tochukwu Onwugbufor, SAN, who is representing Metuh’s firm,
Destra Investment Ltd.

Metuh is answering to a seven-count charge the EFCC preferred
against him and his firm, following allegation that he received
N400million from the Office of the National Security Adviser, ONSA,
prior to the 2015 presidential election, without executing any
contract.

The anti-graft agency alleged that the fund was electronically
wired from an account that ONSA operated with the Central Bank of
Nigeria, CBN, to Metuh, via account no. 0040437573, which his firm
operated with Diamond Bank Plc.

It told the court that the fund which was released to Metuh and
his firm by detained former NSA, Col. Sambo Dasuki, retd,‎ ‎was
part of about $2.1billion earmarked for the purchase of arms to
fight insurgency in the North East.

Besides, the prosecution which had earlier closed its case after
it called eight witnesses that testfied before the court, equally
alleged that Metuh was involved in an illicit transaction that
involved the exchange of $2million.

At the resumed sitting on Monday, trial Justice Okon Abang
notified parties that the court received an affidavit dated October
18, asking for the matter to be shifted till November to enable the
counsel representing Metuh’s firm, Onwugbufor, SAN, to return from
London where he is currently receiving medical attention.

While opposing the application, the prosecuting counsel, Mr.
Sylvanus Tahir, noted that the case was adjourned since July 6.

He argued that nothing before the court proved that Onwugbufor
was indeed outside the country as he claimed.

Tahir equally contended that Onwugbufor ought to have tutored a
junior lawyer in his chambers to hold brief for him pending his
return.

“There is nothing before this court to show that the learned
senior counsel had an emergency resulting to his evacuation to the
UK in an air ambulance.

“Here the court is made to believe that in the absence of
Onwugbufor, the case cannot make progress. That is very
unfortunate.

“There is no evidence to show that he is indeed out of the
country or attending medical treatment in London. There is no
medical report or boarding pass attached as exhibit.

“We submit that this application was not made in good faith, but
borne out of desire to cause maximum delay in this case”, Tahir
added.

On his part, Metuh’s lawyer, Mr. Emeka Etiaba, SAN, told the
court that Onwugbufor was in possession of vital documents his
client wanted to use for continuation of his defense.

In a bench ruling, Justice Abang declined the adjournment plea,
even as he ordered Metuh to continue the defence of the charge
against him on Tuesday.

Meantime, the court, in a separate ruling, granted an order for
the stay of execution of an order it made on July 3, directing the
Attorney General of the Federation and Minister of Justice, Mr.
Abubakar Malami, SAN, to arraign three Channels TV Presenters, for
anchoring a program where prejudicial comments were made with
respect to Metuh’s trial.

Justice Abang had maintained that the conduct of the three
Presenters – Chamberlain Usoh, Gimba Umar and Anneota Egbe – in
asking questions on a case pending before his court, was
contemptuous.

He directed that the trio should be docked before any court of
same coordinate jurisdiction as the Federal High Court, alongside
the former Speaker of Anambra State House of Assembly, Mr.
Ben-Chuks Nwosu, who is a member of the legal team of the embattled
former PDP spokesman.

Justice Abang made the order after a video clip of Channels TV
programme, Sunrise Daily, of May 22, where Mr. Nwosu appeared as a
guest, was viewed in the open court.

However, following an application that Channels TV filed through
its lawyer, Mr. G. T. Ogunlewe, Justice Abang stayed execution of
his order, pending the outcome of an appeal the media outfit lodged
against his ruling.