A Federal High Court Abuja has struck out the seven-count money laundering charge filed by the Economic and Financial Crimes Commission (EFCC) against former National Publicity Secretary of the Peoples Democratic Party (PDP), Olisa Metuh and his firm, Destra Investment Ltd.
In a ruling on Monday, Justice Emeka Nwite held that it was of no use keeping the charge in his court’s docket when the prosecution and defendants have appeals pending at the Supreme Court.
Justice Nwite, who described the retention of the charge, marked: FHC/ABJ/CR/05/2022 as “an abuse of court process,” held that there was no way the case could return to his court without the Supreme Court first deciding the appeals by parties in the charge.
The ruling was on arguments by lawyers to the EFCC, Metuh and Destra.
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At the mention of the case on Monday, Justice Nwite asked EFCC’s lawyer, Olanrewaju Adeola about the status of the case.
Adeola said the defendants – Metuh and Destra – were earlier convicted by the Federal High Court, which conviction was overturned by the Court of Appeal following the defendants’ appeals.
He said the prosecution has since lodged an appeal at the Supreme Court against the Court of Appeal’s decision.
Adeola added: “We understand that the matter was listed this morning at the instance of the defendants for application for the release of the first defendant’s international passport.”
Lawyer to Metuh, Afam Osigwe (SAN), who claimed that his client learnt, via the socio media, about hearing of case on Monday, said he had a prior discussion the EFCC lawyer on the status of the case, “because there is a pending appeal at the Supreme Court in suit number: SC/ CR/583/2021 between FG Vs. Olisa Metuh and another.”
Osigwe said the EFCC was, in the appeal, urging the Supreme Court to among others, reinstate the order of the Federal High Court, which was set aside by the Court of Appeal.
“So, in the light of the reliefs sought in that appeal, it will amount to an abuse of court process for a fresh prosecution to be commenced when they are asking for reinstatement.
The Nation