Peoples Democratic Party Chieftain, Olisa Metuh, has told a Federal High Court that the EFCC cannot prosecute him without interrogating former President Goodluck Jonathan in his ongoing trial.
Chief Olisa Metuh
Regarding the source of the N400 million alleged to be part of the $2.1 billion arms purchase funds, Chief Olisa Metuh, has told a Federal High Court that the Economic and Financial Crimes Commission (EFCC) cannot prosecute him without interrogating former President, Goodluck Jonathan.
The embattled National Publicity Secretary of the Peoples Democratic Party (PDP) who has filed a no case submission asking the court to discharge him from the 7-count money laundering charge preferred against him and his company, Destra Investment Limited, said the Prosecution Witness evidence presentation for which money was paid, was made to Jonathan, and makes the investigation of his role as well as his evidence vital and indeed crucial without which no prima facie case can conceivably be said to have been made out.
Leader of Olisa Metuh’s defence team, Chief Onyechi Ikpeazu (SAN), said, "Dr. Jonathan, to whom the presentation was made for which the payment was made, is therefore a material and indispensible person in order for a prima facie case to be present. Where the prosecution failed to call such a vital witness, a strong presumption will arise that the evidence, if called, would be unfavourable to the prosecution."
He argued that the EFCC has not established a prima facie case against him in line with Sections 302 and 357 of the Administration of Criminal Justice Act (ACJA) 2015 since the prosecution has not made such case against him and his company.
Olisa Metuh in handcuff during of his trials
"In any case, the 'mens rea’ of the defendants to the effect that former NSA, Col. Sambo Dasuki (rtd) committed a criminal offence cannot be inferred, but must be established by a competent evidence which must come from the prosecution.
"It is the case of Metuh that no evidence was laid out by the prosecution that N400 million was the proceed of alleged criminal conduct committed by Dasuki, adding that if anything, all the documents presented by the prosecution in the case only point out that the former NSA complied with due process and the contrary has not been pronounced by the court of competent jurisdiction.
"In this case, by the evidence of PW3 who works in the Office of the National Security Adviser [ONSA], the NSA is answerable to the then President Goodluck Jonathan only," he said.
Metuh said Section 15 [2] [d] of the ACJA requires the proof that the money must be proceed of an unlawful act.
"In this case, it has not been established that the defendants knew that the ONSA engaged in any unlawful acts, adding that an unlawful act must be an act which is not authorised or approved and which has been found to be illegal.
"There was no evidence that the defendants were involved in any forged documents to create a contract where none was in fact, in existence.
“Pw8, the investigator was emphatic that he found no relationship of any kind between the defendants and Col. Sambo Dasuki."