* Metuh, m. |
Justice Okon Abang of the Federal High Court, Abuja Thursday threw out application by former National Publicity Secretary of the People Democratic Party PDP, Mr Oliseh Metuh seeking adjournment of his trial on health grounds.
Justice Abang who ordered Metuh to appear before the Court February 5, or risk arrest, submitted that “.... the purported letter written by Dr O.C. Ekweogwu, who is unknown to the court, is trash and a useless paper meant for the dustbin, which was dumped on the court by the defence.”
Metuh, standing trial over allegations of receiving N400 million from the former National Security Adviser, retired Col. Sambo Dasuki, and money laundering charges involving $2 billion was absent Monday when his case came up for hearing.
When the matter was called, his counsel, Mr. Onyechi Ikpeazu (SAN), through an application for adjournment informed the court that his client was admitted at the Nnamdi Azikiwe University Teaching Hospital, Nnewi, and was unable to attend court.
Delivering his ruling justice Abang insisted that the letter which Metuh wanted the court to rely on to grant the adjournment was not a proper document before the court.
“The said letter was fraudulently smuggled into the records of the court by a person unknown to the court with the intent to stall proceedings.”
He further held that there was a laid down procedure for filing a medical report in court, adding that it was not the place of a medical practitioner to write a lengthy letter with several medical terms that were meaningless to the court.
“The medical practitioner is to state the name of the illness and the period that the person will be incapacitated.”
The judge further said that although the application by the prosecution to revoke Metuh’s bail and commit him to prison deserved to succeed, he would not grant it based on compassionate grounds.
“It is my humble view that the application of the prosecution to revoke the defendant’s bail deserves to succeed, but I have given due consideration to the arguments of counsel to the defendant.
“In view of the passionate plea of the defendant’s counsel who I have respect for, I hereby suspend my decision to revoke bail, but I ask that the defendant turns a new leaf.”
The judge, however, said that if Metuh failed to appear in court on the next adjourned date, he would revoke the bail.
“Arrest is a consequential order if bail is revoked, and so if the defendant’s bail is revoked, he will be arrested.”
The court said it was not inclined to try Metuh in absentia, as it was contrary to Section 266 of the Administration of Criminal Justice Act, 2015.
The judge also said that he would no longer accept any medical report with respect to Metuh, issued by a doctor in Nigeria.
He further granted the application by the defendant’s counsel to bring seven additional witnesses, saying he will not accept any application for more witnesses.
He adjourned the matter to Feb. 5 and 6
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