23 April 2018

Nigeria: Destruction of Evidence - Metuh Knows Fate On May 31

An FCT High Court on Monday fixed May 31 for ruling on the no-case submission filed by Olisa Metuh, a former PDP spokesperson, accused of destruction of evidence.

Mr Metuh was arraigned by the Economic and Financial Crimes Commission (EFCC), on a two-count charge bordering on alleged destruction of evidence.

The case which was before Justice Ishaq Bello, was adjourned until May 31, with consent of all counsel as the court did not sit on the matter, though all counsel as well as Mr Metuh were present.

The case was earlier adjourned until March 7, then April 23 for ruling on Mr Metuh's no- case submission.

Onyechi Ikpeazu (SAN), counsel to Mr Metuh's had on October 10, 2017, told the court that they would enter a no-case submission at the close of the prosecution's case

Arguing the no-case submission, Mr 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 pursuant to the provisions of Sections 302 and 357 of the Administration of Criminal Justice Act.

He 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.

He said that the defendant had a right to cancel any part of his statement voluntarily.

He reminded the court that the charge by EFCC was that Mr Metuh destroyed his statement and obstructed the EFCC officials by willfully tearing his statement.

Mr Ikpeazu added 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.

The prosecuting counsel Sylvanus Tahir, urged the court to establish whether or not a prima facie case had been made against the defendant

He added that cancellation was different from tearing, which was obstruction, and urged the court to call upon the defendant to enter his defence.



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