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A Federal High Court in Abuja has struck out a suit filed by the Economic and Financial Crimes Commission against former National Publicity Secretary of the Peoples Democratic Party, Olisa Metuh, for retrial.
Delivering his ruling on Monday, Justice Emeka Nwite described the seven-count in a suit marked: FHC/ABJ/CR/05/2022 filed by the EFCC as “an abuse of court process.”
The EFCC had filed the suit before Nwite for the retrial of Metuh (1st defendant) and his company, Destra Investments Ltd, listed as the 2nd defendant in the case.
Justice Nwite held that he aligned with the arguments of counsel for Metuh, Afam Osigwe (SAN), and his company’s lawyer, Tochukwu Onwugbufor (SAN), that while the matter was pending before the Supreme Court, it was a gross abuse of the court for the commission to have filed the same matter for retrial before him.
The matter, which was number eight on the cause list, was scheduled for Metuh who was in court to take his plea.
However, at the resumed hearing, Justice Nwite asked counsel for the EFCC, Olanrewaju Adeola about the current position of the matter.
Adeola informed that Metuh was convicted by the trial court and went to the Court of Appeal where the decision of the lower court was upturned.
“We challenged the decision of the Appeal Court. We understand that the matter was listed this morning at the instance of the defendant for the application for his international passport,” he said.
In his response, Osigwe said Metuh got information about the matter at the Federal High Court on social media.
He, however, said he had earlier discussed with the EFCC lawyer the current position of the matter, “because there is a pending appeal at the Supreme Court in suit number: SC/ CR/583/2021 between FG Vs Olisa Metuh and another.