Justice Okon Abang of a Federal High Court in Abuja on Thursday insisted that he would go on with the trial of the National Publicity Secretary of the Peoples Democratic Party, Chief Olisa Metuh, despite the petition written by his defence lawyers asking that the case be transferred.
The judge said, “I want to say on this that I have a circular by my employer, the National Judicial Council, that where there is a petition in a matter seeking the transfer of the case to another judge, that judge handling the case shall continue to preside over the matter until decision is taken by authority the petition was addressed to.
“On account of this circular, I shall continue to preside over this matter until the honourable Chief Judge of this court takes a decision on Emeka Etiaba’s petition.”
Metuh wants trial transferred, writes petition against judge
The Economic and Financial Crimes Commission is prosecuting Metuh and his firm, Destra Investments Limited, on seven counts of fraud bordering on the N400m he allegedly collected from the Office of the National Security Adviser in November 2014 and $2m money laundering cash transaction.
Metuh was scheduled to open his defence Thursday after the judge on March 9 dismissed his no-case submission and declaring that he (Metuh) had case to answer.
But the judge disclosed that a lawyer in Metuh’s defence team, Emeka Etiaba, had petitioned the Chief Judge of the Federal High Court, Justice Ibrahim Auta, asking for the transfer of the case to another judge.
The judge in his ruling insisted on going on with the case until superior authorities directs otherwise.
He also said in his ruling that the records of proceedings comprising of about 212 pages had been released to the defence two days ago.
“This is not the only case I handle. The court had to suspend every other thing to ensure that the record of proceedings as of March 9 was ready. I had to read and proof read about four times and it has been released to them two days ago.”
The judge also said it was an act of professional breach of the code of conduct for legal practitioners on the part of Etiaba for writing to the Chief Judge without serving same on the prosecution.
The judge said the act was a breach of provisions of Rule 30(5) of the Code of Conduct for Legal Practitioners.
The judge granted the application and fixed March 23 for Metuh to open its defence.
The judge noted that the case had already been adjourned three times before Thursday’s at the instance of the defence and warned the defence team to be mindful of section 396(4) of the Administration of Criminal Justice Act which prohibits parties to a criminal trial from taking more than five adjournment.
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