Alleged N400m fraud: Justice Abang Declines Withdrawal from Metuh’s Case

Alleged N400m fraud: Justice Abang Declines Withdrawal from Metuh’s Case

By Correspondent

A Federal High Court sitting in Abuja presided over by Justice Okon Abang has insisted that he would not hands-off the trial of the National Publicity Secretary of the Peoples Democratic Party (PDP), Chief Olisa Metuh. In his ruling on Friday, the trial judge held that Metuh failed to, by way of credible evidence, establish that the court had consistently exhibited biased tendencies towards him. According to the judge, “I am of the view that there are no facts or evidence ”Ždisclosed by the applicant in support of the allegation that this court as constituted is biased. “The applicant initially wrote a petition to the Chief Judge. The said petition was forwarded to this court for my response. I responded and the CJ in a letter dated March 24, said he was satisfied with the explanation of the Court. “Having held that the 1st defendant has not disclosed facts that show that the court is biased, it is my view that this application lacks merit, it is an abuse of court process and it is accordingly dismissed.” Justice Abang further relied on section 306 of the Administration of Criminal Justice Act, ACJA, 2015, and dismissed Metuh’s plea for a stay of proceeding on his trial pending the outcome of an appeal he lodged before the Abuja Division of the Court of Appeal. The court also stated that he would have acceded to Metuh’s request and adjourned hearing on the case sine-die (indefinitely) to await the decision of the appellate court, assuming what was brought before him bordered on civil dispute. “But this is a criminal matter. Under section 306 of the ACJA, no application for stay of proceeding in respect of criminal matter shall be entertained. Moreover, there is no order from the Court of Appeal for this court to stay its proceeding. “Therefore, the application filed by the defendant for an adjournment pending hearing of his appeal cannot frustrate the proceeding before this court from going on today (yesterday). “Granting of application for adjournment is at the discretion of the court”Ž and such exercise of discretion must point to nothing but Justice of the case”, Justice Abang added.

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