The Court of Appeal sitting in Abuja has dismissed the appeal brought before it by the embattled National Publicity Secretary of the Peoples Democratic Party, PDP, Chief Olisa Metuh, ruling that trial Justice Okon Abang of the Federal High Court in Abuja was right when he dismissed Metuh’s no-case-submission.
In a unanimous judgment delivered on Wednesday, a three-man panel of Justices of the appellate court led by Justice Abdul Aboki held that Metuh had a case to answer pertaining the N400million that was transferred from Office of the National Security Adviser, ONSA, into his company account.
Reading out the lead judgment, Justice Aboki noted that the Economic and Financial Crimes Commission, EFCC, established a prima-facie case to warrant explanations from the defendant, adding that, “from 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,” he said, maintaining that the prosecution having closed its case, the burden of defence shifted to the appellant who he said is “entitled to give explanations as to what actually transpired”.
“There is no merit in this appeal and it is accordingly dismissed,” Justice Aboki held.
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