A Federal High Court, Abuja, Wednesday, accused the ex-spokesman of the People’s Democratic Party (PDP), Olisa Metuh, of deliberately taking a dive on Monday to create confusion in the court.
Justice Okon Abang, in a ruling on whether to try Metuh in absentia, held that Metuh’s fall was stimulated to cause confusion during proceedings, just as the judge ruled that it would continue with the case even without the presence of Metuh in court, saying his actions amounted to misconduct.
Justice Abang said: “When he fell, the people around him, who aided him to the court did not make any attempt to raise him and he was on the floor, groaning and whispering loudly, thereby disturbing the proceedings of the court. This amounts to misconduct by the defendant.”
The judge said the trial of Metuh would continue in his absence since the defendant failed to show any reasonable excuse for his absence.
Recall, Metuh, who is standing trial alongside his company, Destra Investment Limited, on charges bordering on alleged fraudulent receiving the sum of N400 million from the office of the National Security Adviser in 2014, missed his steps and collapsed in the court room as he moved towards the dock on Monday.
But, Justice Abang said Metuh did not collapse rather decided to deliberately take a dive on his own after violating a lawful directive of the court to remain where he was seated beside the dock, where he had sat for about five times during proceedings.
Abang held: “When the 1st defendant ignored the humane directive of the court to seat where he was seated outside the dock and fell on his own, the court rose for few minutes and after it reconvened, it found out that a medical doctor from the court, Dr. Andora Ikpeazor attended to the 1st defendant and advised that he should be taken to the hospital.”
Justice Abang said the court did not invite the doctor to attend to Metuh and had no right to give any medical opinion that Metuh should be taken to the hospital.
“A doctor cannot attend to a defendant during proceeding, without the permission of the court. I agreed with the prosecution counsel, that what is playing out as regard to Metuh’s absence in court without any explanation, amounts to disregard to the authority of the court and the judiciary,” Abang said.
He said Metuh had jumped bail by absenting from court on May 22 and 23, 2018, and that proceeding with the trial without his presence would not deny him fair hearing, adding that Metuh’s attitude constituted an act to scuttle or frustrate the trial.
He refused an application by Metuh’s counsel, Emeka Etiaba that the court should suspend trial until Metuh recuperate enough to appear in court to face his trial.
The former PDP spokesman, who was absent in court on Tuesday and Wednesday was said to be on admission at the Intensive Care Unit of the National Hospital, Abuja, where he is currently being treated of the spinal chord injuries he is suffering from.
The justice also summoned the general manager of Channels Television, Abuja, and one of the presenters of Sunrise Daily, Maupe Oguns Yusuf, over the broadcast of alleged prejudicial material on Tuesday May 22, 2018.
Both the general manager and Maupe are to appear before the court on Friday 25, May 2018 to show cause why contempt proceedings should not be initiated against them.
The alleged prejudicial statement is in relation with the comment of one of defence counsel on the network of the television in the ongoing trial of Metuh.
The Judge directed the prosecution counsel to personally serve the GM and Maupe with the enrol order before 6pm of Wednesday 23, May, 2019, adding that where personal service was not possible, the order should be pasted on the gate of channels building.
He said the prosecution should snap the pasted order with the building, and affidavit of service be filed before the court.
The decision of the court followed submission of the prosecution counsel, Sylvanus Tahir, on Tuesday, accusing the station and a member of Metuh’s legal team of making prejudicial statement in a Channels morning television programme titled, Sunrise Daily.
Tahir, in the oral application prayed the court for an order on the duo to make available to the court the video recording of the programme which featured the counsel, Ben Chuks Nwosu, allegedly making comments on a case pending before the court.
The court consequently adjourned till May 24 for continuation of trial.
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