Update: Court Suspends Revocation of Metuh’s Bail

A Federal High Court in Abuja Thursday revoked the bail granted former National Publicity Secretary of the Peoples Democratic Party, Chief Olisa Metuh, who alongside his companyy, Destra Investments Limited, is being prosecuted for allegedly receiving the N400m 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.
Justice Okon Abang, the trial Judge, granted the prayers of the prosecution team to revoke Metuh’s bail for not attending court to face his trial.
He however said based on the passionate plea of the defence counsel, Dr. Onyechi Ikpeazu, to show human sympathy, he suspended the order till February 5, to allow Metuh come to court to show why his bail should not be revoked.
In a ruling Thursday on the bail revocation application as argued by the prosecution counsel, Sylvanus Tahir, the court held that application succeeded but had to temper justice with mercy and suspend the order of revocation of bail until February 5, the next adjourned date, when Metuh is expected to appear in court and state why he was absent in court for four days running without any excusable reason.
Justice Abang held that although, the prayers of the prosecution team to revoke the bail and attend trial from prison custody were granted , he however said based on the passionate plea of the defence counsel, he suspended the order.
“I have given consideration to plea by the counsel to Metuh to show human sympathy, I want to say the court is human. In view of passionate plea, I suspend the order of revocation of bail to enable the defendant turn a new leaf and allow him attend trial on the next adjourned date. He is to show the court why his bail revocation will not stand. I hereby adjourn to Feb 5 and 6 for continuation of trial”, he held
The Judge held that when defendant is not in court to face his trial, it was lawful for the prosecution to ask the court to grant application to revoke the bail.
According to Abang: “I hold the view that the defendant’s absence in court is for no reason. So the application by prosecution to revoke the bail is bond to succeed.
“It is my view that the arrest of the defendant is inherit in the revocation of the bail order. It is consequential to arrest the defendant. The fact that the prosecution did not expressly asked for arrest of the defendant, to be brought to court to state why he is not court is inconsequential . The court will not go ahead to trial him in absentia as far as he is alive. “.
He berated the defence counsel for relying on a letter purported to have been written by a medical doctor to the effect the the defendant was admitted at Azikiwe Teaching Hospital in Anambra, to seek for adjournment of the trial.
“The court didn’t take judicial notice of the letter because the case was adjourned till the following day for continuation of trial.
“A duty of a counsel is to assist the court and not confuse the court and frustrate trial.
“I agree with the prosecution that all these are landmines to frustrate proceedings.
“It is a useless letter fit only for the thrash can
“A medical doctor is supposed to fill a form stating illness and length of the stay at the hospital, this he didn’t do.
“It is not the duty of court to act on a lengthy letter that is useless to the court. Again it is not clear how the letter found its way to the court. How it was dumped on the court by an unknown party to the case.
“There is no law that stipulate that court must act or accept a medical report fraudulently smuggled into the court to stall proceedings.”

Author: News Editor

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