S’ Court dismisses Metuh’s appeal on ‘No case submission’
… Orders speedy
The Supreme Court on Friday upheld the decision of the Court of Appeal dismissing the “No case submission” appeal filed by Destra Investment Ltd.
Destra Investment Ltd is owned by former national publicity secretary of Peoples Democratic Party, Chief Olisa Metuh and both are jointly standing trial before the Federal High Court Abuja for laundering N400million.
While the apex court had on February 9, 2017 dismissed a separate ‘No case submission’ filed by Metuh for lack of merit the company pursued a separate appeal.
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 his duty 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 Datijo Mohammed, Justice Centus Nwaeze, Justice Ejembi Eko and Justice Sidi Bage agreed with the judgment.
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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 EFCC for allegedly receiving N400 million from a former National Security Adviser, retired Col. Sambo Dasuki.
Andrew Orolua, Abuja
