Judiciary
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THE trial of Olisa Metuh, an embattled former national publicity secretary of the Peoples Democratic Party, PDP, slated for continuation of defence on Tuesday, January 10, was stalled as he was reported to be ill. Metuh is standing trial alongside Destra Investment Limited, his company, on a seven-count charge of fraud to the tune of N400 million pressed against him by the Economic and Financial Crimes Commission, EFCC, before Justice Okon Abang of the federal high court, Abuja.
After counsels on both sides entered their appearances, Onyechi Ikpeazu, SAN, Metuh’s counsel, informed the court that his client could not make it to court because he was ill and hospitalised. Ikpeazu said: “My Lord, due to health complications, the first defendant (Metuh) was rushed to National Hospital on Sunday, January 8, 2017. I pleaded with the consultants to give us a medical report to show to the court but this was not possible due to the fact that the report is to be a summation of the reports of five different consultants. I called him (his doctor) ten minutes ago, but he became thoroughly ‘abusive’.”
Based on his submission, Ikpeazu asked that the matter be adjourned to January 11, promising that the report would be made available at that time. Tochukwu Onwugbufor, SAN, counsel to Destra Investment Limited, supported Ikpeazu’s application for adjournment. But Sylvanus Tahir, counsel to the EFCC, strongly opposed the application describing the explanation given by the defence as unreasonable.
Tahir argued that, the date of Tuesday’s proceedings should have given the defence sufficient time to avail the court with, at least, a sick certificate. “Explanation given cannot be taken as substitute for the certificate which is the preserve of a medical doctor. The explanation, therefore, does not constitute a reasonable explanation as envisaged by Section 352(4) of the Administration of Criminal Justice Act,” Tahir argued. He urged the court to ‘take with a pinch of salt’ the explanation given by the defence and to see the absence of Metuh as a disregard of the bail conditions, so that trial could continue ‘in absentia’.
In the end, Justice Abang agreed with Metuh’s counsel and adjourned to January 11 and also ordered the defence to make necessary reports available.
— Jan 10, 2017 @ 19:18 GMT
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