N400m Fraud: Supreme court orders Olisa Metuh to face trial

Chidi Samuel || The supreme court on Friday ruled that the former national publicity secretary of the Peoples Democratic Party (PDP), Olisa Metuh has a case to answer in the case filed against him by the EFCC for allegedly receiving N400 million from the office of Sambo Dasuki, former national security adviser.

Justice Okon Abang, had in March 2016 ruled that Mr. Metuh and his company, Destra Investment, had a case to answer in the seven-count charge of fraud brought against them by the Economic and Financial Crimes Commission.

The ruling was upheld by the Court of Appeal in May 2016, a decision Metuh and his company Destra Investment challenged at the Supreme Court.

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In a ruling Friday, the Supreme Court gave the same reasons given by the Court of Appeal for refusing Mr. Metuh’s request.

Delivering the judgment on the consolidated appeal filed by Metuh and his company, Destra Investments Limited, Justice Ejembi Eko, held that the appeal was incompetent.

The judge held that the appellants failed to obtain leave of the court as specified by section 233 (2) of the 1999 constitution before filing the notice of appeals.

the five-member panel of the Supreme Court, led by Dattijo Mohammed, said the court could not entertain a suit with a fundamental defect, emanating from the nature of filing at the lower court.

The unanimous judgement was read by Justice Ejembi Eko. The apex court said its decision was based on section 233 (2) of the 1999 Constitution.

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“Where the Court of Appeal lacks the necessary jurisdiction, in the first place, to hear and determine the appeal before it, such as in the instant case, no decision of the court against the competent appeal lies to this court.

“It is for that reason I strike out the incompetent appeal and affirm the judgment of the lower court below,” Mr. Eko ruled.