Court Strikes Out EFCC’s Retrial Suit Against Olisa Metuh
A Federal High Court (FHC), Abuja, on Monday, struck out the suit filed by the Economic and Financial Crimes Commission (EFCC) against former national publicity secretary of the Peoples Democratic Party (PDP), Olisa Metuh, for retrial.
Justice Emeka Nwite, in a ruling, described the seven-count criminal charge in a suit marked: FHC/ABJ/CR/05/2022 filed by the EFCC, as an abuse of court process.
The anti-graft agency had filed the suit before Nwite for the retrial of Metuh (first defendant) and his company, Destra Investments Ltd, listed as the second defendant in the case.
Justice Nwite held that he aligned with the arguments of counsel for Metuh, Afam Osigwe, and lawyer to his company, Tochukwu Onwugbufor that while the matter was pending before the Supreme Court, it was a gross abuse of the court for the commission to have filed the same matter for retrial before him.
The matter, which was number eight on the cause list, was scheduled for Metuh, who was in court, to take his plea.
However, at the resumed hearing, Justice Nwite asked counsel for the EFCC, Olanrewaju Adeola, about the current position of the matter.
Adeola disclosed that Metuh was convicted by the trial court and went to the Court of Appeal where the decision of the lower court was overturned.
“We challenged the decision of the Appeal Court. We understand that the matter was listed this morning at the instance of the defendant for application for his international passport,” he said.
Responding, Osigwe said that Metuh got information about the matter at the FHC on social media and that this matter would commence.
He, however, said that he had earlier discussed with the EFCC lawyer on the current position of the matter because there is a pending appeal at the Supreme Court in suit number: SC/ CR/583/2021 between FG Vs. Olisa Metuh and another.
“In that appeal, EFCC as a prosecution seeks, among others, the Supreme Court’s order reinstating the order of this 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.
“My learned friend representing the EFCC will also agree with me that this court will either stay proceedings or strike out the application,” he said.
