Bail Revocation: Court Determines Metuh’s Fate Thursday

A Federal High Court in Abuja, will on Thursday, determine whether to revoke the bail granted former Peoples Democratic Party spokesman, Chief Olisa Metuh or not.
This decision was arrived at after prosecution counsel, Sylvanus Tahir and defence counsel, Dr. Onyechi Ikpeazu made submissions on revocation and otherwise of Metuh’s bail.
Metuh and his company, Destra Investments Limited are being prosecuted for allegedly receiving the N400 million from the former National Security Adviser (NSA), Col Sambo Mohammed Dasuki (retd) and used same for political activities of the PDP in the 2015 general elections.
At the resumed trial Wednesday, the former PDP spokesman, was also absent in court.
His lead counsel, Dr. Onyechi Ikpeazu (SAN), drew the court’s attention to the letter written to the court by Dr. Ekwuogwu O. C, of the Nnamdi Azikiwe University Teaching Hospital, explaining Metuh’s health condition and that he is on admission at the hospital.
He said, Dr. Ekwuogwu’s letter, which is official document and dated January 21, 2018 is already in the record of the court and urged the court to grant his application.
He said Metuh was in admission at the hospital for an undisclosed illness.
Ikpeazu said the court has taken judicial notice that the letter, which came from the Nnamdi Azikiwe University Teaching Hospital and signed by Dr. Ekwuogwu O. C, adding that, by virtue of Section 102 of the Evidence Act, the said letter is a public document that emanated from a government body.
But Tahir argued that the letter from the hospital has no reference to the pending suit before the court. He urged the court to ignore it.
Tahir opposed the application on the grounds that Metuh has violated the terms of condition of his bail.
Tahir therefore asked the trial Judge to revoke the bail it earlier granted Metuh, adding that, “In view of the fact that the first defendant has been absent from court on Monday, Tuesday and Wednesday for inexplicable reason, he has taken steps which undermines or jeopardises the objectives and purpose of the bail granted him by the court”
Tahir also urged the court to commit Metuh to prison custody until the conclusion of the criminal charge preferred against him .
Tahir said the application for the revocation of Metuh’s bail is pursuant to Sections 173 (b) of the Administration of Criminal Justice Act (ACJA) and Section 169 of the same Act.
“We vehemently opposed to any further adjournment and therefore urged the court to revoke the bail of the first defendant and commit him to prison until the conclusion of his trial, for his inexplicable absence from court for his trial. He will be attending his trial from the prison if our application is granted”, he said.
Responding Ikpeazu told the court that the prosecution’s application for the revocation of the bail of the first defendant should have come by way of motion on notice.
He said the prosecution has not filed a motion for the revocation of the bail and that nothing is placed before the court on why the bail granted Metuh should be revoked.
According to Ikpeazu, the essential facts that should have support the prosecution’s application must deal with facts pointing at the defendant as flight risk, interfering with witnesses of the prosecution or interfering with the administration of justice.
The defence counsel urged the court to discontenance the oral application of the prosecution for been premature and unsubstantiated
Justice Abang reserved ruling for the revocation of bail till Thursday

Author: News Editor

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