N400m fraud: Metuh has case to answer, court rules

Justice Okon Abang of the Federal High Court on Wednesday ruled that the embattled National Publicity Secretary of the Peoples Democratic Party (PDP), Chief Olisa Metuh, must explain how N400 million was paid into his account.
Abang, who dismissed the application for a no-case-submission filed by Metuh’s lawyer, Mr Onyeachi Ikpeazu (SAN), said the prosecution had established a prima facie case against the defendant.
“When the first defendant knew that on November 24, 2014, the sum of N400 million was paid into his Diamond Bank Account, why didn’t he ask the bank about the source of the funds?
“Why did he go ahead to disburse the money to Chief Anenih and others without asking the source of the money?
“It is my view that the first defendant knew that the money came from the Office of the former National Security Adviser retired Col. Sambo Dasuki,’’ he said.
He, therefore, stressed the need for Metuh to explain how he acquired the $2 million, N400 million equivalent, he allegedly gave to a Bureau de-Change operator to change into naira.
He also ruled that the defendants failed to establish that the Economic and Financial Crimes Commission (EFCC) did not prove its case against them.
“Regarding, counts 1,2,3,4 and 7 of the charge which have to do with the offences of money laundering, the EFCC established a case of money laundering against the defendants by virtue of the evidences tendered before the court.
“The prosecution established a criminal case against the first defendant and his company, Destra Investment Limited in counts 5 and 6 of the charge.
“I am, therefore, satisfied that a prima facie case has been established against the defendants and the defendants are hereby ordered to enter their defence,’’ he said.
The judge, therefore, dismissed the application for lack of merit, and adjourned opening of defence in the case until March 17.
The court also dismissed Metuh’s application challenging his arrest and detention by the EFCC for lack of merit.
The judge consequently ordered him to pay N15,000 to the anti-graft agency as damages.
According to the judge, since the EFCC obtained a Magistrates’ Court order to arrest Metuh, then the arrest will not be said to have been done in error.
He also said that the EFCC had constitutional power to summon any person or persons for investigation.
Metuh was arraigned by the EFCC on a seven-count charge of money laundering and fraud.
The N400 million is part of the $2.1 billion meant for the purchase of arms for the Nigerian military fighting insurgency in the North-East.
Metuh had, however, pleaded not guilty to the charges.