N400m fraud: Metuh files appeal over denial of medical treatment abroad

Metuh who is facing trial over allegation that he had through his firm, received N400million prior to the 2015 presidential election, had on March 14, applied to be allowed to seek medical attention in the United Kingdom, lamenting that he has lost sensation in his lower limbs. Metuh said he was suffering from spinal cord related ailment. His lawyer, Mr. Emeka Etiaba, SAN, told the court that Metuh’s health had deteriorated badly, a situation he said would require urgent medical attention from his doctors in London. He tendered as an exhibit, a letter from one Dr. Adrian T. H. Kasey, a Neurosurgeon at Wellington Hospital in London, which he said emphasized the need for Metuh to be treated urgently. The former PDP spokesman predicated his application on section 33(5) and 6(b) of the 1999 Constitution. However, trial Justice Okon Abang turned down the request, insisting that the former PDP spokesman failed to persuade the court that he was indeed suffering from a life-threatening ailment as he claimed. Besides, Justice Abang accused Metuh of deliberately frustrating his trial with the same application the court had refused three times. He said the trial court had become functus-officio to grant such request to the defendant who he said had yet to appeal previous rulings that were delivered against him on the same subject matter. The court further barred Metuh from tendering any medical report before it, pending the conclusion of his trial. However, in his appeal marked CA/A/451C/2018, Metuh said the trial judge “manifested obvious bias” against him by failing to exercise his discretion judicially and judiciously when he dismissed his application based on “imaginary facts”. He told the appellate court that Justice Abang’s decision occasioned a grave miscarriage of justice against him. He also complained that Justice Abang erred in law and misdirected the court by dismissing his application on unfounded claims that he has been employing delay tactics to frustrate proceedings. He insisted that all the adjournments that were granted in the matter, were in accordance with provisions of the Administration of Criminal Justice Act and after due consideration of all the facts of the matter. The appellant further complained that Justice Abang strayed away from the application before the court, and accused him of acting a script, using illness to frustrate early conclusion of the trial and of having a hidden agenda. Metuh is defending a seven-count charge the Economic and Financial Crimes Commission, EFCC, preferred against him and his firm, Destra Investment Limited. EFCC alleged that Metuh received the N400m from the Office of the National Security Adviser, ONSA, without executing any contract. The agency alleged that the fund was electronically wired from an account that ONSA operated with the Central Bank of Nigeria, CBN, to Metuh, via account no. 0040437573, which his firm operated with Diamond Bank Plc. It told the court that the fund which was released to Metuh and his firm by detained former NSA, Col. Sambo Dasuki, retd,‎ ‎was part of about $2.1billion earmarked for the purchase of arms to fight insurgency in the North East. Besides, the prosecution which had earlier closed its case after it called eight witnesses that testfied before the court, equally alleged that Metuh was involved in an illicit transaction that involved the exchange of $2million.]]>