Olisa Metuh: loses appeal on two fronts

It was a double loss for Olisa Metuh, the Peoples Democratic Party National Publicity Secretary on Wednesday as his application for five weeks leave to travel to United Kingdom for medical treatment was turned down by Justice Okon Abang of Federal High Court, Abuja.

In the Court of Appeal, Abuja Division, a three man panel led by Justice Abdul Aboki also affirmed that the prosecution has established aa prima facie case against him and for which he must defend himself in his ongoing trial on seven count charges of money laundering, criminal breach of trust and corruption.

The Justices of the Appeal Court thereby affirmed the 9, March judgment of Justice Okon Abang dismissing the no case submission made by Metuh and his company, Destra Investments Limited at the end after the prosecution finished calling ts witnesses.

While recalling the testimony of the various witnesses, the Justices said a prima facie case has been established against the National Publicity Secretary of PDP for which he must defend himself.

The Justices argued that the integrity of the evidence tendered in court as well as testimony of witnesses have not been discredited by the defence to make their no case submission a valid proposition.

The Court had earlier upheld the preliminary objection of the prosecution that the appeal being an interlocutory one, the appellants were required under the law, to first obtain the leave of the trial court.

While ruling on  Metuh’s application asking for permission to travel abroad for medical treatment, Justice Abang noted that the defence failed to file application seeking the release of  Metuh’s international passport before the court.

The Judge had while ruling on the bail appliction by Metuh made the deposit of the passport with the court one of the conditions.

The Judge said the application should not have come to his court, but to the Court of Appeal since he cannot sit on appeal over his own decision.

He therefore noted that since the court cannot grant Metuh his second prayer which is the release of his International Passport, there  will be no need to consider his application for trip abroad.

“Having dismissed prayer 2; it is not important to discuss the merits of prayer Discussing prayer one amounts to an academic exercise”, Mr. Abang noted.

He however added that Metuh h can still  approach the Appeal Court to request for the release of his passport. Justice Abang said if he was successful at the higher court, he can then consider the merits of the first application.

“In case I am overruled in Court of Appeal, with respect to prayer 2, I will still make findings with regard to prayer 1.

He also said the medical report by Mr. Metuh’s Doctor, one Dr Ugwanyi Ugochukwu does not include any reason he cannot have his treatment done in Nigeria.

“There is no evidence brought forth by Mr. Metuh that none of the teaching hospitals in Nigeria can treat him of his sickness.

“We have so many teaching hospitals here that can treat such illness., said Mr. Abang.

The Judge also noted that the prosecution has expressed fear of Metuh not returning to Nigeria if granted the permission to travel abroad which must be considered.

“The prosecution has expressed fear that he will disappear. In a case like this; the court must be extremely careful. It must balance the competing rights of the defence, and that of the prosecution, before making its decision”, the Judge noted.