The Economic and Financial Crimes Commission (EFCC), on Thursday, asked the Court of Appeal, Abuja to dismiss the appeal filed by the PDP Spokesman, Olisa Metuh for lack of competence.
Metuh, in his appeal, had urged the court to dismiss the criminal charges brought against him by the Federal Government.
The anti-graft agency contended that the appeal made by Metuh was not competent and not arguable because due process of law was not followed before the appeal was instituted.
The EFCC through its counsel, Mr Silvanus Tahir, objected to Metuh’s case on two major reasons and prayed the court to dismiss it for lacking in merit.
Tahir claimed that what Metuh brought to court was on interlocutor decision and since he failed to obtain the leave of the court before filing the appeal the case had been made incompetent and unarguable for reasons that due process of the law was not followed.
Metuh had approached the Court of Appeal asking it to set aside the ruling of the Federal High Court, Abuja, which had last month held that he (Metuh) has a case to answer in the N400 million corruption charge brought against him by federal government.
Justice Abang, in the ruling on the no case submission made by Metuh, had ordered him (Metuh) to open his defence in the criminal matter on the ground that prima facie case had been established against him in the criminal charge by the prosecution.
Metuh, in the appeal filed by his counsel, Chief Onyechi Ikpeazu, SAN, urged the appellate court to hold that the EFCC failed to establish a nexus linking him to the said offence.
He said that from the totality of the evidence adduced by the prosecution to the point of closing its case, his client was not linked with ingredients of the alleged fraud and, therefore, asked the court to set him free.
Justice Abdul Aboki, who presided over a three man panel of the Appeal Court justices, reserved judgment after taking arguments from counsels involved in the case.
Aboki said that parties in the suit would be communicated as soon as the judgment was ready.(NAN)
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