N400m scam: Metuh’s no-case submission fails at Appeal Court

The Court of Appeal on Wednesday in Abuja upheld Federal High Court’s ruling which dismissed Olisa Metuh’s no case submission.
Metuh, a National Publicity Secretary of the Peoples Democratic Party (PDP), is standing trial on an alleged N400 million money laundering which he pleaded not guilty.
In their judgment, Justice Abdul Aboki-led two other justices, held that the appeal lacked merit.
Aboki said the trial court in Abuja led by Justice Okon Abang , was right in rejecting the no case submission.
“Having gone through the merit of the case, which includes the charge sheet, the court remains convinced that a prima facie has been already established.
“It is therefore our view that the applicant has some questions to answer given the nature of the offence.
“The court is much concerned with the action of the applicant when the sum of N400 million was transferred to his Diamond Plc., account,” Aboki said.
According to him, without attempting to go into the merit of the case, the trial court did raise some rhetorical questions around the transaction.
“What did the applicant do when he first noticed that his account was credited with such huge sum of money
“Whether Metuh alerted the Bank Manager or even reported the transaction to the police.
“Whether the applicant was aware of the source of the money to have come from the Office of the National Security Adviser, retired Col. Sambo Dasuki,’’ Aboki said.
The judge, however, said the above questions and many more others raised in the charge required answers to be provided to them by the applicant.
“This appeal is hereby dismissed for lacking in merit.’’
Aboki also threw out similar appeal filed by Destra Investment Limited against the decision of the trial court.
Metuh and his company are being tried on a seven-count charge.
At the completion of the prosecution’s case in April, rather than open their case, the defence entered a no case submission.
While the prosecuting Counsel, Mr Sylvanu Tahir, contended that a prima facie case had been established, the defence Counsel, Onyechi Ikpeazu (SAN) and Tochukwu Onwugbufor (SAN), objected.
They challenged the lower court’s reasoning in rejecting the application.