The Federal High Court sitting in Abuja on Wednesday adjourned the case of fraud involving Olisa Metuh to April 27 for continuation of hearing and cross examination of witnesses.
The trial Judge, Justice Okon Abang, adjourned the case after hearing from all the counsels involved in the matter.
Metuh was arraigned by the Economic and Financial Crime Commission over alleged fraud of N400 million alongside his company, Destra Investment Limited.
At the resumed hearing on Wednesday, Tochukwu Owugbufu (SAN), counsel to the 2nd defendant, Destra Investment Limited, urged the court to hear his application for preliminary objection.
In his preliminary objection, Owugbufu said the court does not have jurisdiction to entertain cap 1 and 2 of the charge against the 2nd defendant.
He told the court that the application, dated April 13, was filed on April 14 and all the parties were duly served.
The prosecution counsel, Sylvanus Tahir, reminded the court that the last adjournment was at the instance of the 2nd defendant and that the prosecution had responded to the motion.
Tahir supported his argument by citing the provisions of sections 221 and 369(2) of the Administration of Criminal Justice Act, 2015, arguing that such application should not stop proceedings.
Metuh’s lawyer, Dr. Onyechi Ikpeazu (SAN), told the court that the two sections mentioned by the prosecution talked about imperfect and erroneous charges.
Ikpeazu said this should not be made the issue of jurisdiction, adding that the issue of jurisdiction goes into the foundation of adjudication of a matter.
Abang thereafter ruled that the application would be taken later alongside the substantive matter and ordered that cross examination be continued by counsel to the 2nd defendant.
The 2nd witness called by the prosecution was Ike Aboni, who currently works in the Publicity Department at the headquarters of the Peoples Democratic Party.
During cross examination by counsel to the 2nd defendant, Aboni told the court that he knew Metuh when he worked as media Adviser to the former chairman of PDP.
He said he later worked for Metuh who paid his salary till date.
Aboni told the court that he does not know the person that keeps the party’s campaign fund, adding that a special committee was constituted by the party to raise funds for the 2015 general elections.
He said former President Goodluck Jonathan was the leader of the party and he gives directive on the disbursement of funds for the elections.
In a related development, the case involving the former Chief of Defence Staff, Alex Badeh, was also adjourned till April 27 at the instance of the court.
Badeh is standing trial for alleged diversion of N3.9 billion meant for the purchase of arms.
NAN.
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