Godwin Tsa, Abuja
The Supreme Court, on Friday, held that a former National Publicity Secretary of the Peoples Democratic Party, Chief Olisa Metuh, had a case to answer in respect of the money laundering charges involving the sums of N400 million and $2 million instituted against him by the Economic and Financial Crimes Commission (EFCC).
In a unanimous judgment by a five-man panel of the Supreme Court on the separate appeals filed by Metuh and his company, Destra Investments Limited, the court affirmed the May 25, 2016 judgment of the Court of Appeal, in Abuja.
The Court of Appeal had earlier dismissed the appeals for being incompetent, and went on to uphold the ruling of Justice Okon Abang of the Federal High Court in Abuja, delivered on March 9, 2016, dismissed the ‘ no-case submission filed by Metuh and his company.
In the said judgment, the judgment of the Court of Appeal had held that the appeals by the appellants failed to comply with constitutional requirement.
According to the Court of Appeal, Metuh and his company failed to first obtain the leave of either the trial court or the appellate court before filing a notice of appeal as required by the Constitution when filing an appeal against an interlocutory decision, on the grounds of mixed law and facts.
The appellate Court had also held that the appellants having failed in that regard their appeals were incompetent and the court lacked jurisdiction to hear them.
Justice Dattijo Mohammed headed the five-man panel of the apex court and prepared the leading judgment of the Supreme Court which affirmed the decision of the Court of Appeal on Friday.
In Justice Mohammed’s judgment which was read on his behalf by Justice Ejembi Eko, the apex court resolved all the three issues raised in the appeals against the appellants.
The apex court held that as much as the Court of Appeal lacked the jurisdiction to hear the appeals, the Supreme Court too could not entertain the appeal arising from the incompetent appeals before the court below.
Affirming the decision of the Court of Appeal, the Supreme Court ruled, “By section 233 (2) of the 1999 Constitution (as amended), appeals from the Court of Appeal to this court lies only against the decisions of that court.
“Such decisions evolve from the Court of Appeal upon the exercise of jurisdiction over appeals from the court below.
“Where the Court of Appeal lacks the necessary jurisdiction, in the first place, to hear and determine the appeal before it, such as in the instant case, no decision of the court against the competent appeal lies to this court.
“It is for that reason I strike out the incompetent appeal and affirm the judgment of the lower court below.”
Other members of the panel – Justices Kudirat Kekeree-Ekun, John Okoro, Chima Nweze and Ejembi Eko – agreed with the leading judgment.
The EFCC is prosecuting Metuh and his firm, Destra Investments Limited, on seven counts of money laundering involving allegations of receiving N400m fraudulently from the Office of the National Security Adviser in 2014.
They were also accused of transacting with $2m cash said to be above the threshold of cash transactions prescribed by the Money Laundering (Prohibition) Act.
Metuh, who had been complaining of ill-health as he continued his defence before the Federal High Court, was brought to court on a stretcher on February 5, 2018.
Justice Abang, on the grounds of Metuh’s ill-health adjourned till March 14 for continuation of trial to enable the defendant to recover.
The judge had in his March 29, 2016 ruling dismissed the no-case submission which Metuh and his company filed after the prosecution closed its case with eight witnesses.
After the ruling of the Federal High Court, Metuh had commenced his defence and had since called a number of witnesses while he and his company continued to pursue their appeals against Justice Abang’s ruling.
After upholding the notices of Preliminary Objection filed by EFCC’s lawyer, Mr. Sylvanus Tahir, the Court of Appeal had proceeded to decide the appeals on merits.
The appeal court ruled that the trial judge, Justice Abang, was right to have dismissed the appellant’s no-case submission.
The appeal court also affirmed the order of Justice Abang directing them to enter their defence as there was prima facie case against them.
Justice Abang had held his ruling on the defendant’s no-case submission, that the accused had case to answer to enable them to offer explanations about the allegations levelled against him.
The judge had explained in the opening of his ruling that the court was not expected at the stage to make findings on the guilt or otherwise of the accused.
He added that the court could also not make pronouncement on the credibility of the prosecution witnesses that had testified.
After the prosecution closed its case with eight witnesses, the defendants through their lawyers, filed a no-case submission, asking the court to discharge and acquit them on the grounds that the prosecution failed to make any prima facie case against them.
But the judge ruled against the defendants, holding that the prosecution’s case had raised so many questions, which the defendants needed “to urgently answer”.
He held that the evidence given by the prosecution’s third and seventh witnesses as well as Exhibits D1 and E6(1) to (4) linked Metuh and his company to the alleged crime.
He added, “It is only the first defendant (Metuh) that can answer the questions. The first defendant admitted in his statement that the the second defendant (Destra) received N400m on November 24, 2014.
“Did the first defendant inquire from the bank the source of this money? If he did, what did he do?
“If he did not ask from the bank why did he not report to the police or even the EFCC to investigate it. If he did not why did he disburse the fund to the 5th and 7th prosecution witnesses? Did he also disburse part of the money to Chief Anenih as contained in count seven.
“If he answer this question it will be clear if the defendants knew or reasonably ought to have know that the fund represented proceeds of corrupt and criminal breach of trust by Col. Sambo Dasuki, while being the National Security Adviser.”