Appelate court insists Metuh has a case to answer

The Abuja division of the court of appeal has dismissed the application filed by former National Publicity Secretary of the Peoples Democratic Party (PDP), Olisa Metuh challenging the ruling delivered by Justice Okon Abang, of an Abuja Federal High Court, against his no case submission.

The embattled PDP helmsman had approached the appelate court to challenge the ruling by Justice Abang against his no case submission, alleging that the said ruling had pre-determined the position of the defendant in the trial, ahead of its determination.

Onyeachi Ikpeazu SAN, counsel to Metuh had prayed the court to determine whether the questions posed by Justice Abang ahead of the ruling, were not meant to shift the burden of proof against his client and compel him to concede to the disposition, of the prosecution that it had established a prima-facie case against him.

Justice Abang had earlier averred that if Metuh fails to make the necessary clarifications, then he would be proving that he was aware of the source of the funds, and thereby proving the allegations against him, to be right.

The three man panel, of the court of appeal led by Justice Abdul Aboki, however held that the questions were in order and that Metuh ought to open his case and proceed with his defence, as he had done.

“It is my view that the above questions are rhetorical questions, not meant to shift the burden of proof to the appellant in breach of his right to fair hearing. Where a no case submission is adduced, the appellant should explain exactly what happened.

“Their is need for the appellant to offer an explanation on the prima fascie case established against him”, the court held.

The court subsequently dismissed the application for lacking in merit.