Col Sambo Dasuki (retd), the former National Security Adviser (NSA) has appealed to the Court of Appeal, beseeching it to nullify the indicting Judgment of the Federal High Court which convicted Olisa Metuh, National Publicity Secretary of the Peoples Democratic Party, on charges of money laundering, noting that his indictment in the case is violative of his constitutional right to fair hearing.
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The fmr. NSA asks the Court to set aside the findings of the Federal High Court which were repeated about 10 times for being irregular.
In his Appellant Brief of Argument filed by Joseph Daudu (SAN), Dasuki contends “that the magnitude of the breach of the right to fair hearing has rendered the entirety of the proceedings worthless and non-existent, having not been tried under or through the lawful or appropriate procedure”.
In addition, he argued that having regards to the magnitude of the case, it is wrong for the Judge to make such findings without him being part of the proceedings.
“Bearing in mind the fundamental nature of the trial court’s error, especially in a criminal case, we humbly urge this honourable court not to only set aside all the findings of the trial court but to declare the entire proceedings a nullity for lack of fair hearing and jurisdiction”. Daudu said.
TheNigeriaLawyer recalls that Hon. Justice Okon Abang of the Federal High Court had convicted and sentenced Metuh to seven years imprisonment for money laundering involving the alleged fraudulent receipt, concealment, and unlawful use of the N400m paid to him and his firm Destra Investments Limited, by Dasuki as the NSA in November, 2014.
Furthermore, Metuh and his firm in January, 2016 were convicted for transacting with a sum of cash of $2m without going through a financial institution as alleged in the case filed by the Economic and Financial Crimes Commission.
Justice Abang held that the transfer of N400m to Destra Investment’s bank account on 24th day of November, 2015, was unlawfully done “in breach of public trust” by the former NSA.
The Judge further added that Metuh and his firm ought to have known that such was a proceed of an unlawful activity, adding that it is not a condition precedent for Dasuki to be first convicted by the FCT High Court where he is being tried for “breach of trust” and “corruption”, before Metuh and his firm could be tried or convicted for money laundering.
But in his appeal against the judgment, Dasuki stated that “there are at least 10 findings made by the trial court holding the appellant, Col Dasuki, guilty of the predicate offence, here, of corruption and criminal breach of trust”.
He added that “that the denial of the right to a fair hearing on the appellant (Dasuki) in the instant case must be condemned, and the entire proceedings of the court which culminated in the said penal findings and conclusions be set aside”.
He said the judgment “is indicative of a descent into the arena by the learned trial judge, especially as it became apparent that the learned trial judge had evinced a desire to convict the appellant (Dasuki) and the 2nd and 3rd respondents (Metuh and his firm) at all cost”.
In reaction to this appeal, the EFCC through its counsel, Sylvanus Tahir, urged the Court to dismiss the appeal for no scintilla of merit.
The EFCC argued that since he was not a party to the proceedings at the trial Court, he lacks the competence to institute the appeal, further adding that the Judge did not convict him as alleged.
“The 1st respondent (EFCC) urges your lordship to dismiss the appellant’s appeal as lacking in merit because he was not tried, convicted and sentenced by the lower court on the offences for which the 2nd and 3rd respondents (Metuh and his firm) stood trial.
“Not having been prosecuted and convicted as an accused person, there was no denial of any right to a fair hearing of the appellant. The appellant’s appeal is purely academic and tantamount to waste of valuable judicial time”, Tahir stated.
However, the Court of Appeal panel led by Hon. Justice Stephen Adah listened to the appeals separately filed by Dasuki; Metuh and his firm on 22nd day of September, 2020 and accordingly, Judgement had been reserved.
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