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Appeal court set to deliver judgement in Olisa Metuh’s no-case submission

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Appeal court set to deliver judgement in Olisa Metuh’s no-case submission

The Court of Appeal in Abuja will Wednesday deliver judgments in the appeal by spokesman of the Peoples Democratic Party (PDP), Olisa Metuh.

A three-man panel, head by Justice Abdul Aboki had on May 5 told parties that they would be informed of the date for judgment.

Metuh and his company, Destra Investment Limited are appealing the ruling by Justice Okon Abang of the Federal High Court, Abuja.

Justice Abang had, in the ruling, refused their no-case submission and ordered them to enter defence in their trial for money laundering and unlawful receipt of funds from the Office of the National Security Adviser (ONSA).

Metuh and his company are being tried on a seven-count charge. At the completion of the prosecution’s case earlier this year, having called eight witnesses, the court called on the defence to open its case.

Rather than conducting their defence, Metuh and Destra elected to make a no-case submission, which Justice Abang rejected in a ruling.

Justice Abang was of the view that the prosecution has provided sufficient evidence to establish a prima facie case against the defendants to warrant the court to call on them to enter defence.

Metuh’s lawyer, Onyechi Ikpeazu (SAN) and lawyer to his company, Tochukwu Onwugbufor (SAN), had while adopting their briefs on May 5, faulted Justice Abang’s reasoning in rejecting their clients’ no-case submissions.

They urged the court to set aside Justice Abang’s decision, uphold their clients’ no-case submission and quash the charges against them.

Responding, prosecution lawyer, Sylvanus Tahir urged the court to dismiss the Appeal for lacking in merit and for being defective.

Tahir noted that the appeal being an interlocutory one, the appellants were required under the law, to first obtain the leave of the trial court.

He argued that, having not fulfilled the condition precedent, the appellants could not claim to have a valid appeal before the court.

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