Justice Okon Abang of Federal High Court, Abuja division on Wednesday dismissed fresh moves by Olisa Metuh, the Peoples Democratic Party, PDP national publicity secretary being prosecuted by the Economic and Financial Crimes Commission (EFCC) on seven-count charge of corruption and criminal breach of trust.
Tochukwu Onwugbufor, counsel to the second defendant in the trial, Destra Investment, a company owned and controlled by Metuh had at the resumption of trial informed the court that he had filed an application challenging the jurisdiction of the court to hear the count one and two of the charges against his client.
He urged the court to hear the application first before proceeding with the trial. “There was a matter contained in charge one and two which was not mentioned in section 251(1) of 1999 Constitution and that matter is contract award. The issue of whether you award a contract is not mentioned in the constitution. The court is bound to determine the issue of jurisdiction one way or the other to proceed,” he urged.
He also dismissed the argument of the prosecution counsel that such objections, according to section 396(2) of Administration of Criminal Justice Act, ACJA can only be heard and determined at the end of trial along with substantive case. The lawyer also argued that the constitution is superior to any other constitution, including the ACJA.
He argued that the provision only related to when the complaint is that the charge is imperfect.
“Our objection is on jurisdiction and not on an imperfect charge,” said Onwgbufor who was supported by counsel Onyeachi Ikpeazu, counsel to the first defendant.
However in his ruling, Justice Abang noted that the trial was adjourned at the instance of the second defendant for cross examination of the second defence witness.
The judge also said the ACJA which was an existing law made pursuant to the constitution of Federal Republic of Nigeria guides proceedings in criminal trial such as the being faced by the second respondent. He noted by provision of section 396 (2) of ACJA all objections during trial shall be resolved at the end of the proceedings when judgement is delivered.
The judge also noted that none of the party in court cited any provision that section 396 (2) is in conflict with.
“Objections should be heard at the end of the proceedings and rulings delivered at the time of delivery of judgment,” the Judge said as he ordered the Registrar to call the first defence witness for cross examination by the second defendant counsel.
But Onwugbufor did not give up as he asked the court for more clarification on when his objection will be heard. Again, Justice Abang said the court had already ruled that the motion will be heard at the end of the trial.
When Onwugbufor will not budge, he called on Sylvester Tahir, the Prosecution counsel to advise the court on the way forward.
The prosecution counsel advised the court to discharge the witness if the counsel to the second defendant was not ready to cross examine him.
But the first defence counsel said the issue of discharge of the witness can only come up if the lawyer to the second defendant said he will not cross examine him.
Seeing that he may lose that opportunity, Onwugbufor also said he has not indicated that the will not cross examine the witness: “I have only sought clarification and it is for the court to refuse to clarify or clarify. I am ready to go on, I only ask for clarifications.”
Justice Abang said since he has already delivered ruling on the date the motion will be heard, he cannot go back on it. “The issue decided by the court cannot be revisited by the Court. The second defendant counsel is at liberty to cross examine the defence witness now,” at whIch point Onwugbufor stood up to begin the cross examination of the witness.

http://www.pmnewsnigeria.com/2016/04/20/again-and-again-metuh-fails-to-stop-trial/

What I cannot understand is why Olisa Metuh, Dasuki, Saraki and Nnamdi Kanu who claim they are innocent will not defend themselves but will rather choose to run from pillar to post looking for frivolous injuction.

Thank God for ACJA if not all these Thieves would have gone Scott free like Peter Odili.

Nija laws need to be reviewed honestly. How can someone standing trial be looking for ways to stall such trial. If you don't skeleton hiding in ur kitchen, I see no reason why one should tremble in the presence of police man.

You have already spent some days at Kuje , the worst is for you to be sent back to Kuje and meet your housemate. Na. Omowale be your yoruba name.

ok...

hardywaltz:
What I cannot understand is why Olisa Metuh, Dasuki, Saraki and Nnamdi Kanu who claim they are innocent will not defend themselves but will rather choose to run from pillar to post looking for frivolous injuction.

Thank God for ACJA of not all these Thieves would have rgobe Scott free like Peter Odili.

I wonder oo.

All uniben aspirants should check my signature

They're all in pursuit of mirage.

And the fight against opposition continues! We no all men in APC are saints!!

Enough of this rubbish

ah ah wetin ?

Metuh is in deep sh1t and he knows it....

Nawa o,

Anyway, brace yourselves, "who e help" comments approaches.
#sighs

Tor i wonder how many people within the APC fold are currently undergoing investigations or trials at the cct.

Again and again... That's all

Metuh in soup

Metuh should try ECOWAS court...yeye dey smell

Metuh...


Stay calm and take it like a man.

I still wonder why this people are fighting hard to make sure that they don't face the law which they have one time in their life sworn to uphold.

#letthelawdecide!

T

Metuh has been politically paralyed

Onwugbufor did not give up as he asked the court for more clarification on when his objection will be heard. Again, Justice Abang said the court had already ruled that the motion will be heard at the end of the trial.
When Onwugbufor will not budge, he called on Sylvester Tahir, the Prosecution counsel to advise the court on the way forward.
The prosecution counsel advised the court to discharge the witness if the counsel to the second defendant was not ready to cross examine him

This is a completely childish action.After the judge had ruled, you now call on your opponent to help you "persuade " the judge to overrule himself Haba!!
He deserved the humiliation the prosecution counsel gave him by ignoring his childish antics and telling the judge to release the witness since he's not interested in cross examining the witness.
These are the kind of lawyers that kept misadvising these politicians.How on earth would you expect your opponent to plead your bad case for you? Where AM Amosu and others have returned the money stolen based on advice, Metuh has chosen to keep on to the money perhaps because his lawyers have advised him against returning the money.
This particular lawyer kept embarrassing the profession in court and clearly ill prepared for this case. Metuh had better get a lawyer that will still work hard to get him light sentence at the end of the case because these his lawyers are not making it easy for the judge to show any leniency towards Metuh when prosecution eventually successfully prove that he's guilty

And this was the same man been backed by some EKPAs shouting take him to court and stop media trial... The baboon is in the court now and he's trying to find a way to avoid justice after seeing that he's in deep ogbono soup

Timoleon:
Tor i wonder how many people within the APC fold are currently undergoing investigations or trials at the cct.

Saraki is wht party again??

Nigeria will be better

saintmark88:


Saraki is wht party again??

if you were as informed as you tink yoursef be, you woulld have seen that you ought to av provided an answer to the question...not give a question. In case you missed the initial question, how many people within the apc are currently under investigation or trials?

Am waiting patiently for the day this man will be given a bed in kirikiri, I just pit his a$$.

Category1:
[size=15pt]see him bear bear sef ,I sure say plenty cockroach go full inside. [/size]

, oga that na person papa o

Sunnycliff:
And the fight against opposition continues! We no all men in APC are saints!!

what do you stand to lose if metuh goes to jail?

[size=18pt]http://www.vanguardngr.com/2016/01/beware-of-tomorrow-no-condition-is-permanent/[/size]