Again, Metuh challenges court’s jurisdiction

The spokesperson for the Peoples Democratic Party (PDP), Olisa Metuh, through his company Destra Nigeria Limited, has filed an application questioning the jurisdiction of the court to hear the case against it.

The company which is a second defendant in a matter brought against it by the Economic and Financial Crimes Commission (EFCC), through its counsel, Tochukwu Onwubufor SAN told the court that his client has filed a preliminary objection challenging the jurisdiction of the court to hear and entertain counts one and two of the charge.

Having served all parties in the matter, Onwubufor urged the court to determine the application before proceeding to any matter before the court.

Sylvanus Tahir, prosecuting counsel, confirmed service of the application on him, and informed that it has responded to the second defendant.

Relying on Section 392 (2) and 221 of the Administration of Criminal Justice Act, Tahir said that objections like this shall not be taken during proceedings on trial on the ground of imperfection in a charge.

Also, the counsel to the first defendant, Onyechi Ikpeazu said that the sections relied upon by his colleague are not relevant, as it refers to imperfection or errors in a charge rather than validity.

In his response, Onwubufor said the appropriate time for the prosecution to make his reply is when the court takes up the application. He said the prosecution cannot raise a preliminary objection against his own preliminary objection.

The trial judge, Justice Okon Abang of the Federal High Court in Abuja however, averred that the application could only be raised at the point of final judgment, having adjourned the matter for continuation of examination on the defence witness

The Defense witness, Ike Abonyi, in his testimony before the court said that Metuh had preempted his arrest by the EFCC.

“Soon after the election, we had a meeting with the first defendant and he was contemplating at the time to leave and resign as the national publicity secretary and return to his private business”, he said.

Abonyi added that he was made to understand that resignation was the opinion of Metuh’s family members.

But he said that some of the committee members made it clear to Metuh that the party would be endangered if he resigns at that time.

He also said Metuh had told the committee that he would want to build facts and figures as opposition to put the government on their toes.

“Along the line, we discovered the determination of the first defendant at a point some members of the committee became apprehensive when we realised that he was becoming a mere bigot of the party.

“But he told us that even the ruling government may not do well if they fail to have a robust opposition.

“We agreed with him because our knowledge of democracy all over the world, without a vibrant opposition the government in power will not achieve much.

“A lot of you believed that he will get into trouble because even before he got arrested on January 5, there has been a lot of apprehension about him”, he added.

He also said that Metuh had preempted his arrest in a press conference with some journalists before his arrest.

“He continued with his publicity activities but not in the same level and speed especially during his incarceration,” he said.

After discharging the first defense witness, the judge, Okon Abang adjourned the matter to April 27, 2016, for continuation of trial.

Metuh is facing trial for receiving N400 million from the former national security adviser Sambo Dasuki.