The National Spokesperson of the PDP, Olisa Metuh, has again failed in another calculated attempt to halt his ongoing trial before Justice Okon Abang of the Federal High Court sitting in Maitama, Abuja.
In a new twist 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, EFCC.
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, 2016 and filed on April 14, 2016.
Metuh’s counsel, Emeka Etiaba, SAN, aligned himself with Onwugbufor’s submission, but counsel to EFCC, Sylvanus Tahir, objected vehemently 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. 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,” Tahir said.
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.
“Submissions by all counsels have been duly considered. The matter involving the defendant is a criminal matter, and the ACJA is the law governing such matters, made pursuant to the 1999 constitution. However, the objection will be heard at the end of proceedings, and the ruling delivered along with the judgement”, Justice Abang ruled.
Thereafter, the first defence witness, DW1, was called to enter the witness box for further cross-examination, but Onwugbufor who was apparently not satisfied insisted that his application should be heard, even if ruling would eventually be made at the end of the trial.
Apparently miffed by the counsel’s conduct, Justice Abang ordered the witness to be cross-examined.
“Cross examine the witness! I have given a ruling. If you have no question, tell the court so that we can make progress in the matter,” Justice Abang said.
Cross examination of the witness was eventually conducted and concluded after Etiaba intervened and pleaded on behalf of Onwugbufor.
The matter was adjourned to April 27, 2016 for continuation of trial.
Metuh is standing trial alongside one other, Destra Investment Limited, for
allegedly receiving the sum of N400 million from the former National Security Adviser (NSA), Col. Sambo Dasuki (rtd).
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