Headlines
Court strikes out EFCC’s suit against Olisa Metuh
A Federal High Court in Abuja, on Monday, struck out the suit filed by the Economic and Financial Crimes Commission (EFCC) against former National Publicity Secretary of the Peoples Democratic Party (PDP), Olisa Metuh, for retrial.
Justice Emeka Nwite, in a ruling, described the seven-count criminal charge in a suit marked: FHC/ABJ/CR/05/2022 filed by the EFCC, as “an abuse of court process.”
The anti-graft agency had filed the suit before Nwite for the retrial of Metuh (1st defendant) and his company, Destra Investments Ltd, listed as the 2nd defendant in the case.
Justice Nwite held that he aligned with the arguments of counsel for Metuh, Afam Osigwe, SAN, and lawyer to his company, Tochukwu Onwugbufor, SAN, that while the matter was pending before the Supreme Court, it was a gross abuse of the court for the commission to have filed the same matter for retrial before him.
The matter, which was number eight on the cause list, was scheduled for Metuh, who was in court, to take his plea.
However, at the resumed hearing, Justice Nwite asked counsel for the EFCC, Olanrewaju Adeola, about the current position of the matter.
Adeola informed that Metuh was convicted by the trial court and went to the Court of Appeal where the decision of the lower court was upturned.
“We challenged the decision of the Appeal Court. We understand that the matter was listed this morning at the instance of the defendant for application for his international passport,” he said.
Responding, Osigwe said that Metuh got information about the matter at the Federal High Court on social media and that this matter would commence.
He, however, said that he had earlier discussed with the EFCC lawyer the current position of the matter, “because there is a pending appeal at the Supreme Court in suit number: SC/ CR/583/2021 between FG Vs. Olisa Metuh and another.
“In that appeal, EFCC as a prosecution seeks, among others, the Supreme Court’s order, reinstating the order of this Hon court which was set aside by the Court of Appeal.
“So in the light of the reliefs sought in that appeal, it will amount to an abuse of court process for a fresh prosecution to be commenced when they are asking for reinstatement.
“My learned friend representing the EFCC will also agree with me that this court will either stay proceeding or strike out the application,” he said.
Onwugbufor, who spoke in the same vein, said he filed a motion; a written application before the court to clear any doubt about the position of the suit.
He said after the appeal by Metuh and his company at the Court of Appeal, it was decided that the judgment of the Federal High Court was a nullity and ordered a new trial.
He said besides the prosecution which appealed against that judgment at the Supreme Court, Metuh and his company also appealed against the said Appeal Court judgment.
The senior lawyer said that the anti-corruption agency approached the apex court on the ground that the Appeal Court did not determine the whole appeal.
Onwugbufor said that was why he came with the motion on notice to enable the court to determine whether it could try Metuh or not.
Adeola, who represented the EFCC, however, prayed that rather than striking out the suit, the court should adjourn the matter sine die (indefinitely) pending the hearing and determination of the appeal before the apex court.
However, Osigwe argued that Adeola’s submission was an admission that the present charge was an abuse of the court process, urging the court to do the needful.
He further said that striking out the suit would not be prejudicial to the commission in any way.
In his ruling, the judge said after listening to the submissions of the counsel in the suit, there was no way the matter could come back to his court without resolving the issues before the Supreme Court.
He then struck the suit out for being an abuse of court process.
(NAN)
Headlines
Rep felicitates Wike on emergence as THISDAY/Arise TV Minister of the Year
The Chairman House of Representatives Committee on Federal Capital Territory (FCT), Rep. Aliyu Betara (APC-Borno), has congratulated the FCT Minister, Mr Nyesom Wike, on his emergence as THISDAY/Arise TV Minister of the Year.
Betara, in a congratulatory message issued in Abuja, eulogised the leadership virtue and dedication of the minister to infrastructural development in the territory.
The lawmaker, representing Biu/Bayo/Shani/Kwaya Kusar Federal Constituency of Borno, said that the award was well-deserved.
“On behalf of the House of Representatives Committee on FCT, I wish to extend my warmest congratulations to the FCT Minister, Mr Nyesom Wike, on your well-deserved recognition as the Minister of the Year by THISDAY/Arise TV.
“This prestigious honour is a testament to your visionary leadership, tireless dedication and exceptional contributions to the infrastructural transformation in the territory.
“Your unwavering commitment to service and your determination to improve the lives of residents and visitors alike to the FCT has been nothing short of exemplary.
“Through your bold initiatives and strategic policies, you have not only enhanced the aesthetics and functionality of Abuja, but have also reaffirmed the FCT’s position as a beacon of progress and modernity in Nigeria,” he said.
Betara said that the recognition was a reflection of the positive impact of Wike’s work and the admiration he had earned across various sectors.
While describing the recognition as an outstanding achievement, the lawmaker prayed that the milestone would serve as an inspiration for greater accomplishments in service, with integrity and purpose.
Headlines
Court adjourns case against ex-Kogi governor, others
A Federal Capital Territory High Court on Wednesday, adjourned hearing in the alleged money laundering case against former governor of Kogi, Yahaya Bello until April 3 and April 24.
Justice Maryann Anenih adjourned the case for continuation of hearing after the first witness, Fabian Nworah, a property developer, was called to testify.
The Prosecution Counsel, Kemi Pinheiro, SAN, informed the court that he had five witnesses to call for the day.
Justice Anenih said she could only take one witness as she had other matters to attend to.
The court also announced that it would not be sitting on Thursday as previously scheduled.
Counsel for the 1st and 2nd Defendants, Joseph Daudu, SAN, however, informed the court that the prosecution had not made the statements on oath of the 2nd defendant available to the defence team.
He said he was aware that the first defendant had not made any statement.
Daudu also objected to the witness presented by the prosecution, arguing that the defendants had no prior knowledge of the witness and were only seeing him in court for the first time.
Citing authorities, he emphasised that legal proceedings should not be a “hide and seek” game, stating that the prosecution was required to provide the witness’ statements on oath in advance so the defence could adequately prepare for cross-examination.
“The statements of the second defendant have not been served on us to be able to know if we will be able to represent him or not.
“So, it is a serious handicap on us. They need to serve us all the statements made by the defendants.
“I understand the first defendant has not made a statement. Fortunately, we are still within the house keeping stage of the proceeding,” he added.
Corroborating this, counsel for the 3rd Defendant, Abubakar Aliyu, SAN, said, “mine is not a comment but an observation my lord. My application is for the court to order the prosecution to provide us with the statements of the 2nd and 3rd defendants.”
When the judge asked if he had requested for the statements, Aliyu SAN said, he discovered on Tuesday that the said statements were not part of the proof of evidence served on the defendants.
He said: “I am also applying that the court order the prosecution to provide us with copies of recovered digital device and the report or the extract therefrom mentioned on Page 14 of Volume 1 of the proof of evidence and the report of the forensic expert if any.
“I am following the procedure followed in Okoye against the Commissioner of Police, which was adopted by the Supreme Court in Okemini Vs Commissioner of Police.”
The prosecution witness, however, disagreed, saying the defendants were trying to delay speedy trial.
He insisted that the proof of evidence was served on the defendants on Nov. 27, 2024.
“The constitutional provisions, which they rely on, does not imply that the prosecution should provide all the documents which it relies on.
“The law only provides that the prosecution should oblige the defence with all the documents requested for,” Pinheiro argued.
He noted that the issues would be addressed whenever they receive formal applications from the Defendants and urged the court to proceed on the business for the day.
“As it is, we have almost utilised more than an hour on these arguments,” he stated.
The judge asked the defendant’s counsel why he did not raise the issues in December.
Daudu SAN replied that it was because it had to be done after arraignment.
“I have applied and they are not obliging me. It is absolutely necessary for our defence,” counsel for the 3rd defendant said.
The judge, however, declined the application for adjournment and directed the prosecution to proceed with the case.
The prosecution then proceeded to call its first witness, Fabian Nwora, a property developer with EFAB Property Nigeria Limited.
Nwora testified that he was invited to the Economic and Financial Crimes on Feb. 8, 2023, regarding a transaction between Shehu Bello and EFAB Property concerning a property located at No. 1 Ikogosi Street, Maitama.
He stated that he sold the said property to Shehu Bello but observed that the name on the sale agreement was Dr Bello Ohiani, not Shehu Bello.
He said, in 2023, Shehu Bello approached EFAB Property, informing them that the property was under investigation by the EFCC.
He returned all documents related to the purchase and demanded a refund of the N550million that was paid.
Subsequently, he said, EFAB Property was invited by the EFCC to explain what transpired between them and Shehu Bello.
The EFCC instructed the company to refund the entire sum to an EFCC-designated account. EFAB Property complied in two batches of N400 million and N150 million.
Headlines
Kebbi to upgrade Zuru hospital to referral centre
The Kebbi Government says it is assessing the condition of the Zuru General Hospital with the aim of upgrading it to a referral centre.
Gov. Nasir Idris stated this when he visited the Emir of Zuru, Alhaji Muhammadu Sani-Sami on Wednesday in Zuru.
Idris visited the emir to thank the people of Fakai, Sakaba, Danko/Wasagu and Zuru Local Government Areas that make up the emirate.
Idris said that upgrading the Zuru General Hospital to a referral centre would ease the difficulties faced by people of the emirate.
The governor said that quality healthcare services remained an utmost priority of his administration.
He said that the Sir Yahaya Memorial Hospital, Birnin Kebbi and the State Medical Centre, Kalgo, currently serving as referral health institutions were overstretched.
“The government is committed to reversing the trend by making referral hospitals close, accessible and affordable to the people of the state,” he said.
On the expansion of the Zuru Water Works and construction of urban township roads, Idris promised to reappraise the facilities for necessary action.
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