A justice of the federal high court in Abuja, has ruled that spokesman of the Peoples Democratic Party (PDP), Olisa Metuh, has a case to answer in the criminal charges filed against him by the Economic and Financial Crimes Commission.
Olisa Metuh during one of his court appearances
A case of fundamental rights filed by the spokesperson of the Peoples Democratic Party (PDP), Olisa Metuh, against the Economic and Financial Crimes Commission (EFCC), has been struck out today at a Federal High Court sitting in Abuja
Metuh who is facing a 7-count charge of corruption and money laundering, for illegally receiving and spending N400 million, being part of $2.1 billion arms money diverted by former National Security Adviser, Sambo Dasuki, had earlier approached the court with an application seeking his release from detention, following his arrest in January.
Onyeachi Ikpeazu, his lawyer, argued that his client was unlawfully detained by the commission and had asked the court to declare a magistrate court’s order of the arrest unconstitutional.
Sylvanus Tahir, the counsel to the EFCC, however said the order was made by a court of law, hence Metuh’s detention could not have been unconstitutional.
The trial Judge, Okon Abang, in his ruling, ruled that the EFCC or any order agent of the government can detain Mr. Metuh, based on an order of court.
"It is my view that the applicant cannot complain of being held illegally, if he was held by an order of court. This court in determining his fundamental rights cannot overthrow the decision of the Magistrate Court," the judge said.
The judge added that the applicant could challenge the order of the magistrate court by going before the same court to ask it to set aside its order, or asking a High Court to do so. He however said the court could not rule that the Magistrate Court lacked jurisdiction to issue such an order.
"This court in its jurisdiction lacks power to declare the order that remands him for 10 days as unconstitutional since the remand order subsist. It is my view that the detainee cannot complain of unlawful detention by any department of the government where the detention was made with an order of court," Abang ruled.
The judge ruled that the applicant’s complain of being held for an upward of 10 days was lawful as he directed Metuh to pay N15,000 to the EFCC as damages.