From Godwin Tsa, Abuja
THE Federal High Court in Abuja, yesterday, dismissed the application filed by Chief Olisa Metuh, National Publicity Secretary of the Peoples Democratic Party (PDP), seeking to travel to the United Kingdom for medical treatment, citing lack of jurisdiction.
Metuh also suffered a heavy blow at the Abuja division of the Court of Appeal as a three-man panel led by Justice Abdul Aboki, in a unanimous judgment, threw out his suit challenging the ruling of a Federal High Court against his no case submission for lacking in merit.
Metuh approached the Court of Appeal to challenge the ruling by Justice Okon Abang against his no case submission, alleging that the said ruling had pre-determined his position in the trial, ahead of its determination.
The appellate court ruled that a prima facie case was established for which Metuh must defend himself.
The Economic and Financial Crimes Commission (EFCC) is prosecuting Metuh and his company, Destra Investments Limited, on charges including fraudulent collection of N400 million from the Office of the National Security Adviser and using same for PDP’s presidential campaign.
Metuh and Destra Investments Limited are also being tried on charges of money laundering involving alleged cash transaction of $2.1 million.
Both defendants had pleaded not guilty to the charges and admitted to bail
At the resumed hearing yesterday, Justice Okon Abang ruled that Metuh’s application could not be granted in view of a subsisting order of court directing that his international passport be deposited with the registrar of the court as a condition for his bail, which has not been varied.
Metuh had last week applied to the court to grant him five weeks leave to travel abroad for medical treatment following claim of ill health even as five witnesses testified in his defence.
The counsel, Onyekachi Ikpeazu, also asked the court to permit the release of Metuh’s passport to enable him travel abroad for the treatment of his spinal cord.
Justice Abang ruled that the court lacks jurisdiction to reverse its earlier order directing the accused to keep his international passport with the chief registrar of the high court.
“This is not a case of sympathy, but a case of law. This court has no jurisdiction to entertain this application. The court is not Father Christmas to give to the defendant what it did not ask for. The application lacks merit. It is accordingly dismissed. The court cannot set aside its decision,” he ruled.
Justice Abang held that Metuh’s application for the release of his international passport should not have come to his court in the first place.
He noted that the decision was made with regards to the nature of Metuh’s trial and that the court cannot hold back its decision.
Justice Abang said the present condition of the defendant should not be a reason for the law to be compromised.
“Proceedings in a court of law is not based on sentiments. The court cannot set aside its decision. I have no jurisdiction to do so,” the judge said.
The judge added that since the court cannot grant Metuh his second prayer, there would be no need to consider the application for Metuh’s trip abroad.
“Having dismissed prayer two, it is not important to discuss the merits of prayer one,” Justice Abang said, adding that discussing prayer one amounts to an academic exercise.