The
Court of Appeal sitting in Abuja on Wednesday, May 25, 2016 dismissed the
appeal brought before it by the embattled National Publicity Secretary of the
Peoples Democratic Party, PDP, Olisa Metuh, ruling that the trial judge,
Justice Okon Abang of the Federal High Court Abuja was right when he dismissed
Metuh’s no-case-submission.
In
a unanimous judgment delivered today by a three-man panel of Justices led by
Justice Abdul Aboki, the appellate court held that, Metuh had a case to answer
regarding the N400million allegedly transferred from the Office of the National
Security Adviser, ONSA, into his company account.
Justice
Aboki noted that the Economic and Financial Crimes Commission, EFCC, had
established a prima-facie case to
warrant explanations from the defendant, adding that, “from the evidence
adduced before the trial court, can it be said that the 1st defendant has no
case to answer?
“The
case of the prosecution has raised several questions that only the defendant
can answer. It is evident that from testimonies of the eight witnesses called
by the prosecution that issues of fact were raised to warrant explanations from
the appellant.
“There
is need for the defendant to either accept or deny the allegations against
him,” Justice Aboki held.
According
to him, the prosecution having closed its case, the burden of defence shifted
to the appellant who he said was “entitled to give explanations as to what actually
transpired”.
“There
is no merit in this appeal and it is accordingly dismissed,” Justice Aboki
ruled.
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