Justice Okon had on January 25, 2018, ordered that Metuh to be present in court yesterday for the continuation of 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 the trial for inexplicable reasons.
In compliance with the order of the court, Metuh was brought to court in a white ambulance, belonging to the National Hospital, Abuja and He was later taken into the courtroom on a stretcher, with the assistance of some medical personnel, friends and relations.
He was covered with a white cloth, with a bandage on his legs and neck area.
When the matter was called Metuh’s counsel, Dr Onyechi Ikpeazu (SAN) told the court that his client was in court in obedience to the court’s order, but was not in a good state to stand trial.
He sought a month’s adjournment within which, he said the former PDP spokesman would have been fit enough to stand trial.
Prosecution counsel, Sylvanus Tahir did not oppose to the application for adjournment and the trial Judge said the court must be seen to be firm in its decision and when circumstances come up, the court must also be fair to parties.
Justice Abang also noted that the court must be seen to be humane, and that, having seen the condition of the first defendant, he was inclined to grant the adjournment at the instance of the first defendant.
Consequently, the Court adjourned the matter till March 14, 2018, for the continuation of trial.
Metuh and his company, Destra Investments Limited are being prosecuted by the Federal Government to allegedly receiving the sum of 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.
Recalled that the application by the Federal Government for the revocation of the bail granted Metuh 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) said, by the said 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.” and added that 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 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” and held that though Tahir did not request for Metuh’s arrest, however, “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.
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.
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“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.
and then