The absence from court Thursday, of the Chief Judge of the High Court of the Federal Capital Territory (FCT), Justice Ishaq Bello stalled proceedings in the trial of former spokesman of the People’s Democratic Party (PDP), Olisa Metuh for allegedly destroying evidence earlier submitted to the Economic and Financial Crimes Commission (EFCC).
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The judge’s absence served Metuh’s interest as he had been reluctant in opening his defence about eight months after the prosecution, led by Sylvanus Tahir, closed its case on October 10, 2016 having called three witnesses.
Justice Bello was said to have attended a valedictory court session in honour of the pioneer judge of the High Court of the FCT, Justice Victoria Onejeme, who died on April 27 this year at 87 years.
The EFCC alleged, in a three-count charge it brought against Metuh, that he destroyed the statement he made under caution to the agency’s operatives and investigators on January 5, 2016 while in custody.
The prosecution alleged that the ex-spokesperson for the PDP “destroyed document to prevent its production as evidence”, thereby committing an offence which is said to be punishable under Section 166 of the Penal Code CAP 532 LFN, Abuja (2004).
It also alleged that the destruction of evidence amounted to “mischief”, an offence said to be contrary to Section 326 and punishable under Section 327 of the Penal Code.
Metuh pleaded not guilty to the two counts when he was arraigned about a year ago on January 21, 2016.
The case has been further adjourned to July 4
The prosecution had on February 26, 2016, through its first witness, Junaid Said, gave details of how Metuh tore a sheet of the four-sheet statement he made to interrogators at the EFCC.
Said said; “My Lord, when he concluded writing his statement which was on four sheets of the EFCC statement form, I collected the statement and read over it, I then handed the statement over to my superiors Musa and Wetkas. When I was handing over the statement, the defendant said he was surprised that he had written that much and that he felt he had given too much information.
“Because of the comment, I was worried I gave him the statement sheets one after the other for endorsement. He endorsed the first and second sheet, but tore the third sheet. The third sheet was where the defendant (Metuh) disclosed that he received the money for PDP political activities, settle his personal needs and made reference to former President Goodluck Jonathan.
“My lord, he suddenly tore the statement sheet into pieces, in great shock and surprise I stood up I asked him why he did what he did? He said he did that because he was no longer willing to give the information on that statement sheet.
“I then requested the pieces of the statement, he declined and attempted to put them in his pocket, I then cautioned him and told him to respect himself he insisted that he was going to dispose the tore sheet.
“I persuaded him to handover the tore sheet and brought one plain paper before him, he poured the pieces on the plain sheet, my other colleagues were there looking at us in surprise as well. He furthered tore them into pieces, saying only in the movies would this be recovered.
“I poured the pieces in the commission’s transparent polythene bag for exhibit and made entry of the incident into the EFCC’s incident duty station diary as well as EFCC’s pocket notebook. Later, in the day he requested to make additional statement, which he made, wrote his name and signed but declined to make any other statement on the torn paper.’’
The EFCC’s incident duty station diary, EFCC’s pocket notebook and pieces of the torn statement were tendered and admitted as exhibits.
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