THE trial of the former National Publicity Secretary of the Peoples Democratic Party (PDP), Chief Olisa Metuh before a Federal High Court in Abuja, took a different dimension on Tuesday, as the court ordered the Attorney General of the Federation (AGF), Abubakar Malami (SAN) to commence the prosecution of three staff of the Channels Television.
The trial judge, Justice Okon Abang made the order after watching the video recording of the Sunrise Daily, a programme of the Channels Television aired on May 22, 2018, where alleged prejudicial statement was made by Ben Chuks Nwosu, a member of Metuh’s team of lawyers in the ongoing trial of the former PDP spokesman in the N400 million money laundering charge preferred against Metu and his company, Destra Investments Limited.
Justice Abang also ordered the Economic and Financial Crimes Commission (EFCC), prosecuting the matter on behalf of the Federation government to forward the complaint to the Disciplinary Committee of the Nigerian Bar Association (NBA) to determine whether the statement made by Ben Chuks Nwosu in the programme is prejudicial or contemptuous.
He said it is the NBA’s Disciplinary Committee that has the jurisdiction to determine whether the said statement by Metuh’s counsel is contrary to Rules 33 of the Rules of Professional Conduct for Legal Practitioners 2017.
Justice Abang gave the management of the television station seven days from yesterday to file ten copies of the transcription and DVD of the Sunrise daily programme before the court, which he noted will be used to lodge complaints against Ben Chuks Nwosu at the NBA’s disciplinary committee for necessary action.
Before the transcripts are filed in the court, the court held that Channels Television will meet with parties in the matter to agree that the statements are that of the staff of the television station, namely, Chamberlain Usoh, Gimba Umar and Nneota Egbe, who, the court noted should be arraigned before a court of competent jurisdiction.
He said it is the court that can determine whether or not the statement in question is contempt of the court or prejudicial.
According to Justice Abang, because the said statement was not originally made in court, he has no jurisdiction to consider it prejudicial but noted that he has the powers to refer the matter to organs or body that has the jurisdiction to determine whether the statement is prejudicial or contemptuous.
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It is on that note that he ordered the prosecution to submit the transcription and the DVD of the programme to the AGF, who shall arraign the staff of the Channels Television that anchored the programme in a court of competent jurisdiction.
Ruling on Metuh’s motion for the setting aside the order of the court made on May 25, 2018, closing his case, Justice Abang said the order was made in error as Metuh’s counsel was not heard before the order was given.
While setting aside the order, he said the order of the court was made in default, “Because the first defendant’s counsel was not heard. The court has the jurisdiction to take application on an order made in default.
“Based on Section 36 of the constitution, I will bend to allow the matter to be heard on merit so as to give substantial justice in the matter”, Justice Abang said and expressed the hope that Metuh will take advantage of the human disposition of the court to offer explanation on the charge filed against him.
The matter continues today for the continuation of trial.
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