Olisa Metuh having dinner with his family at home after his release
The National Publicity Secretary of the Peoples Democratic Party (PDP), Olisa Metuh on Thursday perfected the bail conditions granted him by Justice Okon Abang of a Federal High Court sitting in Abuja on Wednesday.
Following Metuh’s application for variation of his bail conditions granted him by the court on January 19, 2016 as he was un-able to meet with the aspect that said that the landed property of the two sureties that will stand for him must be located in Maitama District, Abuja only, the court on Wednesday said Metuh’s proposed sureties could now be owners of property with valid title documents, “in any district of the Federal Capital Territory”.
With the Wednesday ruling of the court varying the bail conditions, Thenigerialawyer gathered that the embattled PDP spokesman yesterday perfected the conditions and he was in the comfort of his home at the Prince and Princess Estate in Abuja as at the time of filing this report.
After taken his plea of not guilty the day he was arraigned, he was remanded in Kuje prison, where he was until yesterday that he perfected the bail terms.
Since his remand, prison officials have always produced him in court for his trial in handcuff, not exempting his appearances before an Abuja High Court , where the Economic and Financial Crimes Commission, subsequently charged him with destruction of evidence.
Metuh is being prosecuted along with his company, Destra Investment Limited at the federal high court for money laundering and fraudulent receipt of N400 million from the Office of the National Security Adviser in November 2014.
The prosecution alleged in the charges that Metuh and his firm used the N400 million paid to them by ONSA for PDP’s campaign activities, and were said to have given about N21 million to a former Chairman, Board of Trustee of the PDP, Chief Tony Anenih.
In the cause of the trial, several revelations have emerged such as how $2 million was invested for Metuh and how Destra Investment Limited being Metuh’s company was paid N400 million for doing nothing.
Having perused the submissions by counsel, the court held that the application was unopposed to, since the prosecution failed to file its counter in opposition to the application, within 24 hours of the time allowed in law to do so.
Having perused the submissions by counsel, the court held that the application was unopposed to, since the prosecution failed to file its counter in opposition to the application, within 24 hours of the time allowed in law to do so.
The court held that even though the application would be taken as unopposed, that would mean that all the prayers being sought will be granted, because the court cannot sit on an appeal in its own orders.
Justice Abang however said, being aware that there are exceptions in principle of law, and since the defendant had been admitted to bail and he is still in Prison custody because he does not have sureties with landed properties in Maitama District of Abuja, even though he had friends who will to stand for him in other parts of Abuja and granted one of the prayers.
In exercising its discretion, citing Section 173(2) (a) of the Administration of Criminal Justice Act 2015, Justice Abang admitted the PDP spokesman to the same bail conditions but that the two sureties must be resident in Abuja and should own landed property in any part of the Federal Capital Territory (FCT), Abuja, as against the earlier order that the property of the sureties must be located in Maitama District only.
The court also held that it is only the prosecution counsel , “and not operatives of the EFCC that should verify the properties of the sureties”.
The court also said if the defendant was not satisfied with his order, the next available option was to approach a court of appeal.
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