The Federal High Court in Abuja on Wednesday struck out the no-case submission entered by the embattled National Publicity Secretary of the Peoples Democratic Party, PDP, Chief Olisa Metuh, telling him that he has a case to answer over alleged role he played in the illegal diversion of funds meant for the procurement of arms.
Delivering this ruling after Metuh had made the submission through his team of lawyers led by Dr. Onyechi Ikpeazu, SAN, the presiding judge, Justice Okon Abang noted that there was a prima-facie nexus linking the defendant and his company, Destra Investment Limited, to N400million that was transferred from an account the Office of the National Security Adviser, ONSA, operated with the Central Bank of Nigeria, CBN, on the order of the erstwhile NSA, Col. Sambo Dasuki, retd.
He further noted that Metuh had in a statement he made before the Economic and Financial Crimes Commission, EFCC, admitted that he was the sole signatory to the account where the fund was lodged in.
According to the judge, “There are several questions that only the defendant can answer. He admitted knowledge that on November 24, 2014, the sum on N400m was transferred to his company’s account with Diamond Bank Plc.
“Did the 1st defendant enquire from the bank the source of the money? If he did, what was the response of the bank? It is only the defendant that can answer the question.
“If he did not enquire from the bank, did he report the matter to the EFCC or the Police? If he did not inform the police about the cash inflow into his company’s account, why did he fail to do so?
“Why did he disburse the fund PW6 and 7, and also to Chief Tony Anenih? It is my view that only when the 1st defendant answers the questions, that it will be clear if he knew that the transfer of the N400m formed part of illegal proceeds of crime by the former NSA.
“I have only heard from the prosecution and I am satisfied that a prima-facie case has been made out against the defendant. There is urgent bed for the 1st defendant to tell the court whether indeed he gave $2m to the PW-1 (Nneka Ararume) to convert to Naira equivalent and also the origin of these funds. “It is my position that the defendant cannot be charged for money laundering if the source of the funds are legitimate,” he added.
Justice Abang continued that one of the witnesses had insisted that the $2m was linked to $47m that was withdrawn from the CBN by Dasuki and handed over to the Aide-de-camp to former President, Goodluck Jonathan to share to PDP chieftains that participated in a convention the party held on November 27, 2014.
“The no-case submission lacks merit and same is accordingly dismissed. The defendant is to enter his defence today,” the court ruled.
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