ABUJA - Trial Justice Okon Abang of the
Federal High Court sitting in Abuja, on
Wednesday, held that the embattled National
Publicity Secretary of the Peoples Democratic
Party, PDP, Chief Olisa Metuh, has a case to
answer over alleged role he played in the
illegal diversion of funds meant for the
procurement of arms.
Justice Abang took the position after he
dismissed the no-case submission the
defendant made through his team of lawyers
led by Dr. Onyechi Ikpeazu, SAN.
The court said it was satisfied that there was
a prima-facie nexus linking the defendant and
his company, Destra Investment Limited, to
N400million that was transferred from an
account the Office of the National Security
Adviser, ONSA, operated with the Central
Bank of Nigeria, CBN, on the order of the
erstwhile NSA, Col. Sambo Dasuki, retd.
Justice Abang further noted that Metuh had in
a statement he made before the Economic
and Financial Crimes Commission, EFCC,
admitted that he was the sole signatory to the
account where the fund was lodged in.
"There are several questions that only the
defendant can answer. He admitted
knowledge that on November 24, 2014, the
sum on N400m was transferred to his
company's account with Diamond Bank Plc.
"Did the 1st defendant enquire from the bank
the source of the money? If he did, what was
the response of the bank? It is only the
defendant that can answer the question.
"If he did not enquire from the bank, did he
report the matter to the EFCC or the Police?
If he did not inform the police about the cash
inflow into his company's account, why did he
fail to do so?
"Why did he disburse the fund PW6 and 7, and
also to Chief Tony Anenih? It is my view that
only when the 1st defendant answers the
questions, that it will be clear if he knew that
the transfer of the N400m formed part of
illegal proceeds of crime by the former NSA.
"I have only heard from the prosecution and I
am satisfied that a prima-facie case has been
made out against the defendant.
There is urgent bed for the 1st defendant to
tell the court whether indeed he gave $2m to
the PW-1 (Nneka Ararume) to convert to
Naira equivalent and also the origin of these
funds.
"It is my position that the defendant cannot
be charged for money laundering if the source
of the funds are legitimate", Justice Abang
added.
He noted that one of the witnesses had
insisted that the $2m was linked to $47m that
was withdrawn from the CBN by Dasuki and
handed over to the Aide-de-camp to former
President Goodluck Jonathan to share to PDP
chieftains that participated in a convention
the party held on November 27, 2014.
"The no-case submission lacks merit and
same is accordingly dismissed. The defendant
is to enter his defence today", the court
ruled.
EFCC had in a seven-count charge it preferred
against Metuh and his firm, alleged that the
N400m was part of about $2.1billion that was
originally earmarked for the purchase of arms
to prosecute the war against insurgency in
the country.
It said the fund was electronically wired from
an account the Office of the NSA operated
with the CBN, to Metuh, through account no.
0040437573, which his firm operated with
Diamond Bank Plc.
Meantime, whereas EFCC insisted that it had
through oral and documentary evidence that
was presented by eight witnesses it brought
before the high court, established a prima-
facie criminal case to warrant Metuh to enter
his defence to the charge, on the other hand,
the defendant, prayed the court to discharge
and acquit him, contending that the
prosecution failed to establish that he was
involved in an illicit transaction.
Meanwhile, the court has fixed March 17 for
Metuh to open his defence.
Metuh had through his lawyer, Dr. Ikpeazu,
SAN, sought an adjournment to enable him to
apply for a subpoena to be issued on persons
he intends to call to testify for him.
The application was however opposed by the
prosecution, Mr. Sylvanus Tahir, who urged
the court to compel Metuh to immediately
mount the witness box to explain all he knew
about the alleged illicit transactions.
Earlier, Justice Abang refused to declare the
10 days Metuh spent in EFCC detention illegal
and unconstitutional.
In a separate judgment, the held that the anti-
graft agency acted within its powers, having
obtained a remand order from an Abuja Chief
Magistrate Court.
It stressed that sections 6, 7, and 41 of the
EFCC Establishment Act, and section 31(1)
(c) of the 1999 constitution, as amended,
empowered the agency to arrest the applicant
upon reasonable suspicion that he committed
a criminal offence.
The court maintained that Metuh was arrested
over allegation bordering on money laundering,
which is said constitutes an economic crime.
Even though the court observed that the 10
days detention period exceeded what was
stipulated in the constitution, Justice Abang
said nothing could be done about it since the
order of the Magistrate Court subsists.
Consequently, the court dismissed Metuh's
fundamental right enforcement application,
even as it awarded N15,000 cost against him,
but in favour of the EFCC.

www.vanguardngr.com/2016/03/breaking-news-alleged-n400m-fraud-youve-a-case-to-answer-court-tells-metuh/

let us see what wailers have to say this time around