Metuh: EFCC Vows To Appeal To Supreme Court, Says Trial Judge’s Remarks Not Enough To Nullify Judgment

The Economic and Financial Crimes Commission, EFCC, is to
approach the Supreme Court to set aside the Wednesday decision of
the Abuja Division of the Court of Appeal, quashing the conviction
of Olisa Metuh, former National Publicity Secretary of the Peoples
Democratic Party, and his company, Destra Investment Limited.

Mr Metuh was prosecuted by the EFCC before Justice Okon Abang of
the Federal High Court, Abuja on a seven count charge of illegally
receiving monies to the tune of N400million from the Office of the
National Security Adviser, under sambo Dasuki.

On February 25, 2020, Justice Abang convicted and sentenced him
to 7 years imprisonment.

Dissatisfied with the decision of the court, Mr Metah approached
the appellate court with an application to side aside the ruling of
the lower court, alleging among others, that the trial Judge was
biased and failed to accord him fair hearing.

Delivering judgment on the appeal on December 17, Justice
Stephen Adah, who led a panel of three justices, agreed with the
appellant that the trial judge was biased and nullified the
judgment.

The appellate court then ordered a retrial of the substantive
case.

However, the EFCC spokesperson, Wilson Uwujaren, in a statement
on Friday, said after a review of the ruling, the EFCC has decided
to approach the apex court to set aside the judgment of the Court
of Appeal.

According to the statement, the appellate court erred by
restricting itself to only two grounds ( 12 and 14) of the appeal
that dwell on the alleged bias of the trial judge but failed to
examine the merit of the judgment of Justice Abang.

The anti-graft agency believes that the alleged remarks by the
trial judge were not sufficient to nullify the judgment which was
based on material evidence and submissions of witnesses called by
the prosecution.

The EFCC believes that, as an intermediate Court, the Court of
Appeal erred in ordering a retrial without considering the merit of
the judgment of the lower court.

The Economic and Financial Crimes Commission, EFCC, is to
approach the Supreme Court to set aside the Wednesday decision of
the Abuja Division of the Court of Appeal, quashing the conviction
of Olisa Metuh, former National Publicity Secretary of the Peoples
Democratic Party, and his company, Destra Investment Limited.

Mr Metuh was prosecuted by the EFCC before Justice Okon Abang of
the Federal High Court, Abuja on a seven count charge of illegally
receiving monies to the tune of N400million from the Office of the
National Security Adviser, under sambo Dasuki.

On February 25, 2020, Justice Abang convicted and sentenced him
to 7 years imprisonment.

Dissatisfied with the decision of the court, Mr Metah approached
the appellate court with an application to side aside the ruling of
the lower court, alleging among others, that the trial Judge was
biased and failed to accord him fair hearing.

Delivering judgment on the appeal on December 17, Justice
Stephen Adah, who led a panel of three justices, agreed with the
appellant that the trial judge was biased and nullified the
judgment.

The appellate court then ordered a retrial of the substantive
case.

However, the EFCC spokesperson, Wilson Uwujaren, in a statement
on Friday, said after a review of the ruling, the EFCC has decided
to approach the apex court to set aside the judgment of the Court
of Appeal.

According to the statement, the appellate court erred by
restricting itself to only two grounds ( 12 and 14) of the appeal
that dwell on the alleged bias of the trial judge but failed to
examine the merit of the judgment of Justice Abang.

The anti-graft agency believes that the alleged remarks by the
trial judge were not sufficient to nullify the judgment which was
based on material evidence and submissions of witnesses called by
the prosecution.

The EFCC believes that, as an intermediate Court, the Court of
Appeal erred in ordering a retrial without considering the merit of
the judgment of the lower court.