Justice Ishaq Bello of an Abuja High Court, in Maitama, has dismissed a no case submission application filed by former PDP spokesman, Olisa Metuh, in his trial for criminal destruction of evidence.
The judge said that after reviewing arguments by parties, the application for a no-case -submission lacks merit adding that a prima facie case was established against him.
Metuh’s counsel, Dr Onyechi Ikpeazu, SAN, had on Oct. 10, 2017, told the court that they would enter a no-case submission at the close of the prosecution’s case.
Arguing in the no-case submission, Ikpeazu had told the court that the prosecution had not established any case to warrant the defendant to be called to enter his defence.
He said that the application was in pursuant to the provisions of Sections 302 and 357 of ACJA.
The counsel added that the defendant had a constitutional liberty and could not be prosecuted where he either refused to make a statement or withdraw any part of his writing in the course of making a statement.
Ikpeazu said that the defendant also had a right to cancel any part of his statement voluntarily.
He reminded the court that the charge by EFCC was that Metuh destroyed his statement and obstructed EFCC officials by willfully tearing his statement.
Ikpeazu argued that a piece of paper not signed did not qualify as a statement by the defendant, and urged the court to discharge and acquit the defendant.
However, the prosecuting counsel Mr Sylvanus Tahir, urged the court to establish whether or not a prima facie case had been made against the defendant
Tahir added that cancellation was different from tearing which was obstruction, and prayed the court to call upon the defendant to enter his defence.
The case which was adjourned till today for Metuh to open his defence was further adjourned at the instance of the court.
The counsel on the matter were all present, the defendant, Metuh was also present but the court did not sit.
Subsequently the parties agreed to come back on Jan. 27, 2020.
Metuh was arraigned alongside his company, Desita by the Economic and Financial Crimes Commission (EFCC ) in January 2015 on a two-count charge and he pleaded not guilty.
