The Economic and Financial Crimes Commission, EFCC, on Tuesday urged an Abuja Federal High Court to revoke the bail being enjoyed by a former Peoples Democratic Party’s Publicity Secretary, Olisa Metuh.
EFCC’s lawyer, Sylvanus Tahir asked the court to send Metuh back to jail so he can attend trials from prison.
The counsel was reacting to Metuh’s lawyer’s application asking for further adjournment due to the applicant’s ill-health.
Metuh, who is facing trial for allegedly receiving the sum of N400m from the Office of National Security Adviser, NSA, under the leadership of Sambo Dasuki, is currently on admission at the Nnamdi Azikiwe University Teaching Hospital, Nnewi, Anambra State.
Tahir argued that without the medical report backed by a verifying affidavit and without the document making any reference to the case pending in court, the report was nothing but a trash.
According to Tahir, “The court should decline the invitation to order investigation into the veracity of the letter. There is no basis for that. There is no basis to suggest that the court must believe this letter.”The letter is not attached to an affidavit. How will the prosecution investigate the document?
“There is no reference to the pending charge before this honourable charge.
“Having regard to the absence of the first defendant from court yesterday and today for inexplicable reasons and also having regard to the fact that he is enjoying the bail of this court and has taken steps to undermine and jeopardise the full objectives the full purpose of bail in the administration of criminal justice, the prosecution is constrained to apply for the revocation of the bail of the first defendant pursuant to sections 173(b) of the Administration of Criminal Justice Act and section 169 of the same Act.
“It follows without mention that we are vehemently opposed to application for adjournment. And we pray this honourable court to revoke the bail granted to the first defendant and commit him to prison until the conclusion of his trial. Once the bail is revoked, he will be attending his trial from the prisons.”
Metuh’s lawyer, Dr. Oneychi Ikpeazu (SAN), urged the court to dismiss the application for bail revocation.
Ikpeazu said, “My learned friend has not filed a motion for the revocation of the bail granted by this honourable court.
“Counsel cannot rightly submit that a letter should have been brought by an affidavit evidence and so should be disregarded, and then turn around to found his application for the revocation of the bail on the same letter, which he claimed should not be before the court.
“Another point he made was that there is an application to call additional witnesses. Even if, without conceding, that he can make an oral application, the first defendant’s application has not been moved by anybody. He can not say that the application will be moved. He cannot again pre-empt if there is merit in the application.
“Therefore my lord, my learned friend has not placed any material before the court on why the bail granted by my lord after an extensive application should simply just be revoked.
“The essential facts to support such revocation must deal with the facts that the defendant is a flight risk, he is interfering with witnesses of the prosecution or interfering with due administration of justice.”
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