The Economic and Financial Crimes
Commission, EFCC, on Tuesday urged an Abuja Federal High Court to revoke the
bail being enjoyed by a former Peoples Democratic Party’s Publicity Secretary,
Olisa Metuh.
EFCC’s lawyer, Sylvanus Tahir
asked the court to send Metuh back to jail so he can attend trials from prison.
The counsel was reacting to
Metuh’s lawyer’s application asking for further adjournment due to the
applicant’s ill-health.
Metuh, who is facing trial for
allegedly receiving the sum of N400m from the Office of National Security
Adviser, NSA, under the leadership of Sambo Dasuki, is currently on admission
at the Nnamdi Azikiwe University Teaching Hospital, Nnewi, Anambra State.
Tahir argued that without the
medical report backed by a verifying affidavit and without the document making
any reference to the case pending in court, the report was nothing but a trash.
According to Tahir, “The court
should decline the invitation to order investigation into the veracity of the
letter. There is no basis for that. There is no basis to suggest that the court
must believe this letter.”The letter is not attached to an affidavit. How will
the prosecution investigate the document?
“There is no reference to the
pending charge before this honourable charge.
“Having regard to the absence of
the first defendant from court yesterday and today for inexplicable reasons and
also having regard to the fact that he is enjoying the bail of this court and
has taken steps to undermine and jeopardise the full objectives the full
purpose of bail in the administration of criminal justice, the prosecution is
constrained to apply for the revocation of the bail of the first defendant
pursuant to sections 173(b) of the Administration of Criminal Justice Act and
section 169 of the same Act.
“It follows without mention that
we are vehemently opposed to application for adjournment. And we pray this
honourable court to revoke the bail granted to the first defendant and commit
him to prison until the conclusion of his trial. Once the bail is revoked, he
will be attending his trial from the prisons.”
Metuh’s lawyer, Dr. Oneychi
Ikpeazu (SAN), urged the court to dismiss the application for bail revocation.
Ikpeazu said, “My learned friend
has not filed a motion for the revocation of the bail granted by this
honourable court.
“Counsel cannot rightly submit
that a letter should have been brought by an affidavit evidence and so should
be disregarded, and then turn around to found his application for the
revocation of the bail on the same letter, which he claimed should not be
before the court.
“Another point he made was that
there is an application to call additional witnesses. Even if, without
conceding, that he can make an oral application, the first defendant’s
application has not been moved by anybody. He can not say that the application
will be moved. He cannot again pre-empt if there is merit in the application.
“Therefore my lord, my learned
friend has not placed any material before the court on why the bail granted by
my lord after an extensive application should simply just be revoked.
“The essential facts to support
such revocation must deal with the facts that the defendant is a flight risk,
he is interfering with witnesses of the prosecution or interfering with due
administration of justice.”
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