Alleged N400m fraud: You have a case to answer - Supreme court tells Metuh
- The EFCC is prosecuting Metuh and his firm, Destra Investments Limited, on seven counts of money laundering involving allegations of receiving N400m fraudulently
- The Supreme Court ruled that he has a case to answer over the case
- The court said Metuh failed to first obtain the leave of either the trial court or the appellate court before filing a notice of appeal as required by the constitution
The Supreme Court on Friday, February 9, declared that a former National Publicity Secretary of the Peoples Democratic Party, Olisa Metuh has a case to answer on money laundering charges involving the sums of N400m and $2m instituted against him by the Economic and Financial Crimes Commission.
The EFCC is prosecuting Metuh and his firm, Destra Investments Limited, on seven counts of money laundering involving allegations of receiving N400m fraudulently from the Office of the National Security Adviser in 2014.
Punch reports that the judgment of the Court of Appeal which was affirmed by the apex court had held that the appeals by the appellants failed to comply with constitutional requirement.
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According to the court, Metuh and his company failed to first obtain the leave of either the trial court or the appellate court before filing a notice of appeal as required by the Constitution when filing an appeal against an interlocutory decision, on the grounds of mixed law and facts.
The court ruled that the appellants having failed in that regard their appeals were incompetent and the court lacked jurisdiction to hear them.
Justice Dattijo Mohammed headed the five-man panel of the apex court and prepared the leading judgment of the Supreme Court which affirmed the decision of the Court of Appeal.
In Justice Mohammed’s judgment which was read on his behalf by Justice Ejembi Eko, the apex court resolved all the three issues raised in the appeals against the appellants.
The apex court held that as much as the Court of Appeal lacked the jurisdiction to hear the appeals, the Supreme Court too could not entertain the appeal arising from the incompetent appeals before the court below.
Affirming the decision of the Court of Appeal, the Supreme Court ruled, ''By section 233 (2) of the 1999 Constitution (as amended), appeals from the Court of Appeal to this court lies only against the decisions of that court.
''Such decisions evolve from the Court of Appeal upon the exercise of jurisdiction over appeals from the court below.
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''Where the Court of Appeal lacks the necessary jurisdiction, in the first place, to hear and determine the appeal before it, such as in the instant case, no decision of the court against the competent appeal lies to this court.
''It is for that reason I strike out the incompetent appeal and affirm the judgment of the lower court below.''
Other members of the panel – Justices Kudirat Kekeree-Ekun, John Okoro, Chima Nweze and Ejembi Eko – agreed with the leading judgment.
Meanwhile, Legit.ng had reported that the PDP condemned the intrusion of the presidency on the criminal trial of its former spokesperson, Olisa Metuh.
The party described as "eminently revealing" the comments made by Lauretta Onochie, an aide to President Muhammadu Buhari on the trial of Metuh.
A statement signed by the national publicity secretary of PDP, Kola Ologbondiyan, said Onochie's mocking of Metuh's health condition as a Nollywood act has confirmed the interest of the current administration on the matter is beyond seeking justice.
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Source: Legit.ng
