The Abuja Division of the Federal High Court, yesterday, granted bail to the embattled National Publicity Secretary of the Peoples Democratic Party, PDP, Mr. Olisa Metuh, to the tune of N400 million.
Metuh, who was on Friday remanded in Kuje Prison by Justice Okon Abang, was brought to court yesterday in handcuffs.
He is answering to a seven-count criminal charge preferred against him by the Economic and Financial Crimes Commission, EFCC.
His firm, Destra Investment Limited, was also charged before the court over alleged N400 million fraud involving the Office of the National Security Adviser.
Specifically, EFCC, alleged that Metuh had in November 2014, collected N400 million from the erstwhile National Security Adviser, NSA, Col. Sambo Dasuki (retd).
The fund which was withdrawn from an account the Office of the NSA operated with the Central Bank of Nigeria, CBN, was allegedly transferred to Metuh through account no. 0040437573 which Destra Investments Limited operated with Diamond Bank Plc.
EFCC insisted that whereas the fund was earmarked for campaign activities of the PDP, it said that Metuh diverted most of it to his personal use.
It alleged that Metuh converted part of the money to $1 million which he used for his personal business.
Besides, Metuh was alleged to have transferred N21.7 million to another chieftain of the PDP, Chief Tony Anenih.
Plea for bail
Meanwhile, Metuh, who earlier pleaded not guilty to the charge, yesterday, prayed the court to release him on bail pending the determination of the case against him.
The application which he filed through his team of lawyers, comprising four Senior Advocates of Nigeria, SANs, was predicated on provisions of sections 35 and 36 of the 1999 Constitution, as amended, as well as sections 156, 162 and 165 of the Administration of Criminal Justice Act, 2015.
His lead counsel, Chief Chris Uche, SAN, who argued the application, yesterday, urged the court to grant his client bail on self recognition.
Insisting that allegations levelled against Metuh are ordinarily bailable, Uche told the court that his client voluntarily submitted himself to the EFCC.
Uche maintained that his client had every opportunity to escape from the country prior to the time he was invited by the anti-graft agency, but refused to do so.
Besides, he drew the attention of the court to the fact that the former NSA, Dasuki, and other persons also facing similar charges by the EFCC have all secured bail from different courts.
EFCC opposes bail application
Meantime, the EFCC, yesterday, opposed Metuh’s bail request, saying he has the capacity to interfere with ongoing investigations against him.
The prosecuting counsel, Mr. Sylvanus Tahir, who is the Assistant Director, Legal & Prosecution Department of the EFCC, told the court that Metuh attacked operatives of the agency and tore pages of his statement.
He urged the court to consider the criminal nature of the charge which he said attracts a maximum sentence of seven years imprisonment upon conviction, and deny the accused person bail.
After listening to all the parties, yesterday, Justice Abang, in a bench ruling, said he was favourably disposed to granting bail to the accused person.
The judge who agreed with Metuh’s lawyer that the offences are bailable, said the EFCC could not establish its allegation that the accused person destroyed his statement.
“To hold the view that the accused person, if released on bail, will act in the same manner is speculative. The court does not act on speculation. The alleged conduct of the defendant while in custody of the EFCC cannot be a factor to be considered in refusing his application for bail,” the Judge held.
He said the paramount thing was for the court to impose conditions that would compel the attendance of the accused for trial, saying he is in the eyes of the law presumed innocent until proved guilty.
Consequently, Justice Abang ordered Metuh to produce two sureties who must deposit the sum of N200 million each.
He maintained that the sureties must not only be residents of Abuja, but also owners of landed property within the Maitama district of the FCT.
They are to submit the Certificates of Occupancy of the property to the Chief Registrar of the court for verification, as well as submit their three years tax clearance.
According to the court, the sureties must swear to an affidavit of means and also submit two recent passport photographs.
More so, Justice Abang ordered Metuh to surrender his international passport to the Chief Registrar of the high court.
He directed that the prosecution should within 24 hours upon receiving notification that the accused has perfected the conditions, personally conduct a verification with a view to ensuring that all the terms were duly perfected.
However, the court, yesterday, declined Metuh’s prayer for it to restrain the EFCC from re-arresting him upon fulfilment of the conditions.
While adjourning full-blown hearing on the matter till January 25, the judge asked the EFCC to summon its witnesses to be prepared for trial. Click to signup for FREE news updates, latest information and hottest gists everyday
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Corrupt politicians have more than enough to employ SANS with the stolen funds. Common man will be in jail with the key thrown away.
ReplyDeleteYou are right.. Read cases of where people stole phones and were sent to jail.. But at times the so called laws make us feel that of you want to steal.. Steal big..
DeleteAccused of 400m granted bail for 400m our judicial system is a joke.
ReplyDeleteWhat makes the system a joke?.
DeleteBeing bailed by what you ALLEGEDLY stole.
DeleteQuite to the contrary, I think it's judicial genius. 400-400=0. At least the money has returned to Nigeria's common wealth (without interest, I admit). What remains is for the thief to face the wrath of the law; I pray the judicial genius continues to this extent.
DeleteDis present govt is so fake.
ReplyDeleteThank you. If Kabiru Sokoto, Boko Haram mastermind was brought to court without handcuffs or Dasuki that embezzled the 2.1 billion usd was not handcuffed, then this is targeted at breaking Oppositions mouth piece. While we condemn corruption, it's fight must be genuine.
DeleteHe should have return the money rather than paying N400 million for bail and still facing trial.
ReplyDeleteWe are waiting to see if Metuh's claimed not to return the money will stand.
All am interested in is the money to be return
Metuh Sir,
ReplyDeleteMy sincere advise, please return the N400 million. Do not use it for bail, be wise you may still pay the N400 million if convicted.
My brother you are right
ReplyDelete
ReplyDeleteA young man went to apply for a managerial position in a big company.
He passed the initial interview, and now would meet the director for the final interview.
The director discovered from his CV that the youth's academic achievements were excellent.
He asked, Did you obtain any scholarships in school...?
the youth answered "NO".
Who paid for your school fees...?
" Parents ", he replied.
"Where did they work......?"
"They worked as clothes cleaner.”
The director requested the youth to show his hands.
The youth showed a pair of hands that were smooth and perfect.
"Have you ever helped your parents wash the clothes ?"
"Never,...
Continue
This judge is callous and just be in the pay of the APC. Bail of N200m and they must have landed properties in maitama area, three years clearance and prove how they got the means. How I hope the British will take over our judiciary. We are not yet mature enough to be independent. If Jonathan had been this wicked and one sided, this country would have been in ruins. Shame on all of you all.
ReplyDeleteWhat a shame, Jonathan is not one sided that's why we are in this mess, continue to view things within the lenses of your ethical values and remain biase. Why wouldn't a leader be sensitive to the path of leadership. Of course we know that a leader who himself is not wise cannot be well advised, so is your wimp leader Jonathan.
ReplyDeleteAPC is biase, full of biase people, i dissapoited in this so called party
ReplyDelete