Justice
Okon Abang of a Federal High Court in Abuja on Thursday denied the petition
written against him by the National Publicity Secretary of the Peoples
Democratic Party, Chief Olisa Metuh, asking for the transfer of his corruption
trial to another judge.
The
judge disclosed in the open court on Thursday that one of Metuh’s lawyers, Mr.
Emeka Etiaba (SAN), had sent a petition to the Chief Judge of the Federal High
Court, Justice Ibrahim Auta, asking for the reassignment of the case to another
judge.
The
judge disclosed this while considering an application by one of Metuh’s
lawyers, Mr. Ifedayo Adedipe (SAN), asking for an adjournment due to the
absence of the leader of the defence team, Dr. Onyechi Ikpeazu (SAN), who was
said to be on a trip to the University of Ilorin for an eye surgery.
FOR
Justice Abang said he never knew Metuh to be his classmate in the law school as
alleged in the petition sent to the chief judge.
Justice
Abang also denied the allegation that he deliberately held back the record of
the proceedings of the trial from the defence team.
The
judge, who said he would resist any blackmail, insisted that despite the
petition written against him by Etiaba, apparently on Metuh’s instructions, he
would continue to hear the case except if the Chief Judge directed otherwise.
He
said, “I want to say that I have a circular by my employer, the National
Judicial Council, that where there is a petition in a matter seeking the transfer
of a case to another judge, that the judge handling the case shall continue to
preside over the matter until a decision is taken by the authority that the
petition was addressed to.
“On
account of this circular, I shall continue to preside over this matter until
the honourable Chief Judge of this court takes a decision on Emeka Etiaba’s
petition.”
The
judge faulted Etiaba for failing to serve the petition on the Economic and
Financial Crimes Commission, which is prosecuting the case, so as to enable it
to respond to the application.
The
judge said Etiaba’s act of serving a letter with respect to a pending case on
the Chief Judge without serving it on the other party was a breach of Rule
30(5) of the Rules of Code of Conduct for Legal Practitioners.
The
judge said, “The prosecution ought to have been availed with that letter so
that they could also be heard before the Chief Judge takes a decision on the
petition. It is not only the defence that is entitled to justice.
“The
Federal Republic of Nigeria and the defendants are also entitled to justice.
Emeka Eitiaba ought to have served a copy of that letter on the prosecution so
that they would have the opportunity to react to the view expressed by him.
“There
are three grounds in the letter – one: that some of the decisions the court
took were given in favour of the prosecution; two: that the court refused to
release the record of proceedings. The record of proceedings has been released
to the defendants two days ago. It comprises 212 pages.”
Metuh
and his company, Destra Investments Limited, who are being prosecuted by the
EFCC, were scheduled to open their defence on Thursday.
The
accused persons are being prosecuted on seven counts of fraud bordering on the
N400m which they allegedly received from the Office of the National Security
Adviser as well as money laundering involving cash transaction of $2m.
But
responding to a similar question put across to him by the judge, Adedipe, who
led the defence on Thursday, said, “Any letter written by any member of the defence
counsel is a decision of the defence team.”
The
judge subsequently granted Adedipe’s application for adjournment and fixed
March 23 for Metuh to open his defence.
The
judge noted that the case had already been adjourned three times before
Thursday at the instance of the defence.
He warned
the defence team to be mindful of section 396(4) of the Administration of
Criminal Justice Act which he said prohibits parties in a criminal trial from
taking more than five adjournments.
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Politics
it is obvious jus. abang has sumtin against Metuh or pdp. why is he making tins difficult 4 Metuh? abi metuh collect em babe?
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