The Supreme Court on Friday upheld the decision of the Court of Appeal that earlier dismissed the “no case submission” appeal filed by Destra Investment Ltd.
Destra Investment Ltd owned by former National Publicity of Peoples Democratic Party, Chief Olisa Metuh, is standing trial with him before the Federal High Court Abuja for laundering N400m.
The apex court had on February 9, 2017 dismissed a separate ‘no case submission’ filed by Metuh for lack of merit.
Delivering a unanimous judgment of five-man panel of the Supreme Court, Justice Kumai Akaah said that the provision of the Administration of Criminal Justice Act (ACJA) is explicit that defendants can raise objection during trial which are to be resolved during the delivering of the final judgment.
He stated that despite the clear provisions of the ACJA Act, the counsel for Destra Investment Ltd, Chief Onwugbufor (SAN) still filed the appeal.
“This practice is highly untenable and is meant to obstruct the cause of justice”
He described the appeal as a storm in a tea cup and noted that the senior lawyer was supposed to aid the legal processes and not to obstruct cause of justice.
The apex court therefore ordered that the matter be heard by the trial court expeditiously.
Other justices on the panel: Justice Dantijo Mohammed, Justice Centus Nwaeze, Justice Ejembi Eko and Justice Sidi Bage agreed with judgment.
The appellant had approached the apex court to set aside the May 24, 2016, decision of the Court of Appeal, Abuja, which dismissed Metuh and his company’s no-case-submissions.
Destra Investment Ltd like Metuh had argued that the decisions of the lower court and trial court had pre-determined its fate in the trial ahead of its determination.
Metuh is standing trial alongside his company, Destra Investment Limited, on a 7-count charge brought by the Economic and Financial Crimes Commission (EFCC) for allegedly receiving N400m from a former National Security Adviser, Col. Sambo Dasuki (retd).