JUSTICE Okon Abang of the Federal High Court sitting in Abuja on Thursday, ordered the former National Publicity Secretary of the Peoples Democratic Party (PDP), Chief Olisa Metuh to be present in court on February 5 and 6, 2018 for his trial or he will be arrested and sent to prison.
The trial Judge gave the order while delivering a ruling on an application by the prosecution counsel, Sylvanus Tahir, seeking the revocation of the bail granted Metuh in view of his absence from a trial for inexplicable reasons.
The application by the Federal Government followed a medical report written by Dr O.C Ekweogwu of the Nnamdi Azikiwe University Teaching Hospital, Nnewi indicating that Metuh’s health is critical and was on admission.
Metuh’s counsel, Dr Onyeachi Ikpeazu (SAN) in a letter, written on behalf of the University, dated January 21, 2018, was seeking an adjournment to enable Metuh to attend to his ill health.
Justice Abang, in his ruling, agreed with the prosecution counsel that the “purported medical report is a trash, a useless paper only dumped on the court that is meant for a trash bin.”
The court said the letter was strategically aimed at delaying the trial, designed as a subtle way of staying proceedings in the ongoing trial.
He said the letter was fraudulently smuggled into the court’s record by a person unknown to court, with the intent to mislead the court and added that “The person who submitted that letter must be known to the court, in this instant case, he is unknown.
“The court of law cannot rely on a public document tendered by a non-party in a suit; it has no charge number and violated the three ways by which a public document can be submitted before a court.
“More so, the court observed that the said letter was not accompanied by a verifiable affidavit, and expressed surprise that counsel to the 1st and 2nd defendants could not see anything wrong with the letter,” the Judge held.
Justice Abang stated that most appalling is the fact that the medical report was full of medical terms that could not make meaning to the court.
He rejected the purported medical report and held that Metuh has not attended the trial on three consecutive occasions without cogent reason.
In view of Metuh’s absence from trial, the court held unequivocally that the Federal Government’s application seeking revocation of the defendant’s bail, “deserves to succeed”.
The court held that though Tahir did not request for Metuh’s arrest, however, Justice Abang said, “it is my view that the arrest of the 1st defendant (Metuh) is inherent in revocation of the bail.
“Arrest is a consequential order. If the 1st defendant’s bail is revoked, he will be arrested. The outcome of his response when he appears in court shall determine whether or not to put him in prison,” the court held.
“The fact that the prosecution did not hinge his application for revocation of bail on Section 169 of Administration of Criminal Justice Act (ACJA) 2015 is not fatal,” the court held.
The court said it was not inclined to try Metuh in absentia because Section 266 of ACJA provides that a defendant in a criminal matter must attend the trial.
Just Abang also refused the application of Metuh seeking an adjournment on health ground, adding that, “This court shall henceforth not accept any other medical report issued by any Medical Doctor in Nigeria until the trial is concluded.”
However, the court, having considered the passionate plea of Metuh’s counsel and Destra Investments Limited (2nd Defendant), suspended the revocation order.
“I hereby suspend my decision revoking the bail. It is expected that the defendant will turn a new leaf, show compulsion and attend his trial on February 5 and 6.
“If he fails to appear in court on these dates fixed for the continuation of his trial, his bail shall be revoked and he will be remanded in prison custody,” Justice Abang said.
Metuh and his company are facing trial for allegedly receiving N400 million from the former National Security Adviser (NSA), Col Sambo Mohammed Dasuki (rtd) and used same for political activities of the PDP in the 2015 general elections.
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