Thursday, 21 April 2016

AGAIN, COURT DENIES METUH'S BID TO HALT TRIAL



The National Publicity Secretary of the PDP, Olisa Metuh, on Wednesday, failed in another bid to halt his ongoing trial before Justice Okon Abang of the Federal High Court sitting in Maitama, Abuja.

On Wednesday, counsel to the second defendant (Destra Investment Limited – Metuh’s Company) Tochukwu Onwugbufor (SAN), informed the court that he had filed a preliminary objection challenging the jurisdiction of the court to entertain counts 1 and 2 of the charges preferred against his client by the Economic and Financial Crimes Commission.

He insisted that proceedings in the trial be put on hold pending the hearing and determination of issues raised in the application dated April 13 and filed on April 14.

According to reports, Metuh’s counsel, Emeka Etiaba (SAN), aligned himself with Mr. Onwugbufor’s submission.

However, counsel to EFCC, Sylvanus Tahir, objected to the motion, citing Sections 396 (2) and 221 of the Administration of Criminal Justice Act (ACJA) as sufficient legal provisions to encourage continuation of trial.

“Objections such as the one issued cannot be taken or entertained during proceedings or trial on grounds of imperfection or error on the charge, Mr. Tahir said. “Section 396 (2) makes it clear that after the plea has been taken, the defendant may raise any objection to the validity of the charge, provided that such objection shall only be considered alongside substantive issues, and ruling on such objections delivered at the time of judgment of the matter.”

He added that, the timing of the preliminary objection was curious and urged the court to discountenance it.

In his ruling, Justice Abang refused Onwugbufor’s application and held that the objection would be heard at the end of proceedings.

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