Justice Okon Abang of the
Federal High Court, Abuja, on
Friday ordered the spokesperson
of the Peoples Democratic Party,
Olisa Metuh, remanded in Kuje
Prison in the Federal Capital
Territory, while his trial for
alleged money laundering
offences continues.
Mr. Metuh pleaded not guilty to
the seven-count charge of fraud
levelled against him by the
Economic and Financial Crimes
Commission, EFCC.
The EFCC is accusing him of
receiving N400 million from the
former National Security Adviser,
Sambo Dasuki, believed to be
part of a $2.1 billion meant for
arms procurement but which was
allegedly diverted by Mr. Dasuki.
After pleading not guilty to the
charges, the counsel to the EFCC,
Sylvanus Tahir, moved that the
court decides a date for the
continuation of the hearing, but
requested that Mr. Metuh be
remanded in prison while trial in
the case continues.
But Mr. Metuh’s counsel,
Onyeachi Ikpeazu, asked the
court to discountenance the
request for his client’s further
detention, describing it as illegal
and unconstitutional.
He said the EFCC had a legal
obligation to provide them (the
respondents) with a seven-day
notice before the arraignment of
Mr. Metuh in court.
Mr. Ikpeazu cited Section 158 of
the Administration of Criminal
Justice Act, 2015, which states
that: “When a person who is
suspected or accused is arrested
or detained, appears in court, he
shall, subject to the provision of
this act, be admitted to bail.”
He therefore prayed the court to grant his
client bail on liberal terms.
Responding, Mr. Tahir said the application for
bail was oral and should therefore be refused.
He noted that the court was one of record
keeping, stressing that an order be given for
the application to reflect the status of the
court.
Mr. Tahir asked the court to demand a
written application so that the defendant’s
grounds for the application would be put on
record, as well as the prosecution’s ground for
opposing the application.
He also added that Section 158 of the
Administration of Criminal Justice Act
mentioned by Mr. Ikpeazu dealt mainly with
written application, a claim vehemently
objected to by Mr. Ikpeazu.
After hearing the arguments of both parties,
Mr. Abang noted that the matter for
determination by the court was whether or
not the oral application for bail should be
granted.
He ruled that it was not out of place for the
court to grant oral application for bail,
stressing that section 158 and 162 of the
constitution argued by both parties did not
state whether an application for bail must be
written or oral.
He however added that the court was not in a
position to decide the prosecution’s ground
for opposing the application for bail on Friday.
Mr. Abang added that where the prosecution
is objecting to bail, it should be allowed to
place on record the grounds on which it is
objecting.
He also noted that the defence counsel should
also be allowed to place its facts before the
court to back its application for bail, arguing
that both parties cannot place such facts
“before the bar”.
Mr. Abang therefore refused the oral
application for bail and directed that Mr.
Metuh be remanded in prison,
He also gave the defence counsel six hours
from the time of ruling to file its application
for bail before the court, while the
persecution had 24 hours after receiving the
same application to file its brief of argumen
PT.
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