Justice Okon Abang of the Federal High Court in Abuja has threatened to order the arrest of former National Publicity Secretary of Peoples Democratic Party, PDP, Chief Olisa Metuh, should he fail to appear in court on February 5 for a continuation of his criminal trial.
Abang said Metuh would be arrested and remanded in prison custody, pending the conclusion of the charge against him, in the event that he failed to attend proceeding on the next adjourned date. The court said it was not persuaded by the claim that Metuh was lying critically ill at Nnamdi Azikiwe University Teaching Hospital at Nnewi in Anambra State.
Justice Abang also described as meritorious, an application by Economic and Financial Crimes Commission, EFCC, which prayed the court to revoke Metuh’s bail over his failure to appear for his trial on three consecutive dates.
Metuh had at the resumed proceeding on the case, pleaded the court through his team of lawyers, to suspend his trial to enable him to receive proper medical attention.
Meanwhile, ruling on the application, yesterday, Justice Abang upheld EFCC’s position, saying the “purported medical report is a trash, a useless paper only dumped on the court that is meant for a trash bin.” The court said the letter was strategically aimed at delaying the trial, maintaining that it was designed as a subtle way of staying further proceeding in the trial.
Justice Abang held that the letter from the hospital was fraudulently smuggled into his record by a person unknown to the court, with the intent to mislead the court.
According to Abang “The person who submitted that letter must be known to the court, in this instant case, he is unknown. “The court of law cannot rely on a public document tendered by a none party in a suit; it has no charge number and violated the three ways by which a public document can be submitted before a court.” Moreso, the court observed that the said letter was not accompanied by a verifiable affidavit. Justice Abang said he was appalled that the medical report was full of medical terms that did not make any meaning to the court. He, therefore, rejected the purported medical report, saying he was of the view that Metuh failed to attend his trial without cogent reason.
Abang stressed that though EFCC did not request for Metuh’s arrest, he disclosed “It is my view that fact of the arrest of the 1st defendant is inherent in revocation of the bail. “Arrest is a consequential order. If the 1st defendant’s bail is revoked, he will be arrested. The outcome of his response when he appears in court shall determine whether or not to put him in prison, the court held.” ‘Sic’
However, the court considered a passionate plea by the defence lawyers and decided to suspend execution of the bail revocation order.