A Federal Capital Territory (FCT) High Court yesterday fixed May 31, for ruling on the no-case submission fi led by a former PDP spokesperson, Olisa Metuh, accused of destruction of evidence. Metuh was arraigned by the Economic and Financial Crimes Commission (EFCC) on a twocount charge bordering on alleged destruction of evidence. The case which was before Justice Ishaq Bello, was adjourned until May 31, with consent of all counsel as the court did not sit on the matter, though all counsel as well as Metuh were present.
The case was earlier adjourned till March 7, then April 23, for ruling on Metuh’s no-case submission. Counsel to Metuh, Onyechi Ikpeazu, had on October 10, 2017, told the court that they would enter a no-case submission at the close of the prosecution’s case Arguing the no-case submission, Ikpeazu had told the court that the prosecution had not established any case to warrant the defendant to be called to enter his defence.
He said the application was pursuant to the provisions of Sections 302 and 357 of the Administration of Criminal Justice Act. He added that the defendant had a constitutional liberty and could not be prosecuted where he either refused to make a statement or withdraw any part of his writing in the course of making a statement. According to him, the defendant has a right to cancel any part of his statement voluntarily.
He reminded the court that the charge by EFCC was that Metuh destroyed his statement and obstructed the EFCC officials by willfully tearing his statement. Ikpeazu added that a piece of paper not signed did not qualify as a statement by the defendant, and urged the court to discharge and acquit the defendant.
The prosecuting counsel Sylvanus Tahir, urged the court to establish whether or not a prima facie case had been made against the defendant He added that cancellation was diff erent from tearing, which was obstruction, and urged the court to call upon the defendant to enter his defence.
