At Olisa Metuh ruling, the judge
presiding over the case, Okon Abang said the defendant is presumed
innocent until proven guilty.
He also said that the truth
of the allegation that Metuh tore his statement while under detention is yet to
be ascertained.
Abang continued: “The court
of law cannot act on speculation. The allegations against the applicant by the
EFCC cannot be used to deny the defendant bail.”
Conditions for the bail
include: a bail bond of N400 million, two sureties, who must be resident in
Abuja and owners of property in Maitama, Abuja with statutory registration of
occupancy.
The certificate of
occupancy must be verified by the chief judge of the Federal High Court.
Abang also ordered that the
EFCC must within 24 hours verify the property in writing to the court.
The sureties must also
deposit his three years tax clearance to the court, an affidavit of means and
two passport photographs.
Metuh is also expected to
deposit his travel passport with the court.
The PDP spokesperson was
taken to prison and will remain there until the bail conditions are met. Learn
more from the video, the story continues below:
The judge however in his
ruling refused to grant bail to Metuh based on self-recognizance.
He said this is an effort
by the court to balance arguments by both parties.
At resumption of the
matter, the defending counsel, Chris Uche said: “My Lord it may be pertinent to
note that the respondent made a very vague allegation that the defendant tore
some pages of his statement.
He further noted that the
EFCC since making its allegation have failed to produce evidence of the torn
statements before the court.
He also said that the EFCC
had in paragraph 5 of their pool of evidence noted that investigation into
Metuh’s matter has been “substantially concluded”.
Citing Section 162 of the
Administrative Criminal Justice Act (ACJA) said a respondent shall file a charge
only when the investigation is concluded.
He also said that however,
the charge brought before the court by the commission is a bailable offence.
He prayed the court to
passionately consider the application.
Uche said: “My lord even
court have given bail to Dasuki who is said to be the source of the money and
even Dokpesi; people whose money is more than our own.”
He further said his client
is a well known Nigerian, being represented by very senior legal
representatives and will not jump bail.
He also said that the
second prayer of the applicant is a consequential relief backed by the primary
relief.
He said the relief is to
protect any other made by the court and also avoid any form of ridicule to the
orders of the court.
“My lord, the practice these
days is when an accused person is brought before the court and granted bail a
fresh charge arises and re-arrested,” Uche said.
He urged the court to add a
directive that will protect the dignity of the court.
He also decried the state
at which Metuh was brought into the court.
“My lord, the accused was
brought here in handcuffs. The last time he was not brought in handcuffs, did
he run?” Uche asked.
He said the country is not
under military rule and thus no need for such actions.
EFCC counsel Sylvanus Tahir
in his objection said the application by the accused person lacks necessary
materials.
He said the charges are
offences punishable with a minimum of three years imprisonment.
Tahir, citing the section
162 paragraph C of the ACJA asked the court to take into cognizant the tendency
that if granted bail, the applicant might jump bail.
He also reiterated that the
applicant had torn and tried to chew a statement he had written to the
commission before his arraignment.
He said all seven charges
against Metuh is based on money laundering and related offences.
Objecting to the applicants
prayer for a directive against the commission if court orders are flouted,
Tahit said that other offences maybe unearthed during the course of
investigation.
He said granting Metuh bail
will also amount to interference with ongoing investigation by the anti-graft
agency.
Metuh is accused of having
collected N400 million from former president Goodluck Jonathan by the EFCC.
The accused having accepted
receiving such money from Jonathan has however refused to disclose details of
the assignments he did for the former president.
Metuh has been in detention
since Tuesday, January 5, and was also reported to have torn and chewed a statement
he wrote at the EFCC.

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