The Court of Appeal, Abuja divison has today dismissed the application filed by the National Publicity Secretary of the Peoples Democratic Party (PDP), Olisa Metuh, challenging the ruling delivered by Justice Okon Abang, of an Abuja Federal High Court, against his no case submission.
Metuh had approached the appelate court to challenge the ruling by Justice Abang against his no case submission, alleging that the said ruling had pre-determined his (Metuh) position in the trial, ahead of its determination.
He had prayed, through his counsel, Onyeachi Ikpeazu SAN, for the Court to determine whether the questions posed by Justice Abang ahead of the ruling were not meant to shift the burden of proof against him.
Justice Abang had earlier ruled that if Metuh fails to make the necessary clarifications, then he would be proving that he was aware of the source of the funds thereby proving the allegations against him to be right.
The three man panel, of the court of appeal led by Justice Abdul Aboki, however, held that the questions were in order, and that Metuh ought to open his case and proceed with his defence as he had done.
"It is my view that the above questions are rhetorical questions, not meant to shift the burden of proof to the appellant in breach of his right to fair hearing. Where a no case submission is adduced, the appellant should explain exactly what happened.
"Their is need for the appellant to offer an explanation on the prima fascie case established against him", the court held.
The court subsequently dismissed the application for lacking in merit.
Metuh is standing trial alongside his company, Destra Investment Limited, on a 7-count charges, by the Economic and Financial Crimes Commission (EFCC), for allegedly receiving N400million from former National Security Adviser, Sambo Dasuki.
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