Abuja – Justice Okon Abang of the Federal High Court sitting in Abuja, on Friday closed the case of Olisa Metuh, in the ongoing trial of the former National Publicity Secretary of the Peoples’ Democratic Party (PDP).
Justice Abang closed Metuh’s case after the 11th defence witness; Oladeji Bamidele was cross examined by the prosecution counsel, Sylvanus Tahir.
However, Justice Abang took the decision not minding the absence of Metuh as well as his counsel, Emeka Etiaba (SAN), in court.
Abang had on Wednesday ordered that he would proceed with the trial of Metuh in his absence.
Following Metuh’s fall in the courtroom on Monday, May 21, he has not been in court for his trial.
The 1st defendant’s lawyer had told the court to adjourn the trial because the former spokesman of the PDP was admitted at the intensive care unit of the National Hospital Abuja following the fall.
Apparently not convinced based on the fact that there was no reasonable evidence placed before the court, to disclose the whereabouts of Metuh, Justice Abang refused to adjourn the matter.
In fact, the court held that Metuh’s “groaning, shouting and whimpering in the courtroom” as he lay down on the day he slipped his feet, amounted to act of misconduct.
While the court ordered that the trial be continued on Thursday, May 24, counsel to Metuh did not turn up in court.
Similarly, when the matter came up on Friday, Metuh as well as his counsel were not in court.
It was on this premise that the prosecution applied that the case of the 1st defendant needed to be closed.
Justice Abang, in a bench ruling on Tahir’s application, said he was minded to grant the application.
Abang recalled that on January 25, 2018, the court granted Metuh’s application dated January 19, 2018 to call additional seven witnesses to the nine he had already called.
The court said it ordered that the seven witnesses should always be in court at all times to give evidence, as the court will not grant any other adjournment in the matter at the instance of the first defendant.
While noting that the order of the court, which has not been validly appealed against subsists, Justice Abang expressed dismay that neither Metuh nor any of his counsels were in court for the trial on Thursday and Friday.
The court stated that no cogent reason was adduced as to why Metuh and his counsel were absent in court, and why the matter should be adjourned.
“The first defendant (Metuh) has abandoned his defence and the absence of his counsel shows lack of interest in the defence of the first defendant.
“The first defendant is also not in court to call any of his witness to give evidence in the matter.
“The only option the court has now is to close the case of the first defendant.
“I rely on Section 6 (b) of the 1999 Constitution as amended to close the case of the first defendant.
“I cannot manufacture an application for adjournment for the first defendant, therefore, the case of the first defendant is now closed,” Justice Abang ordered.
Consequently, the court has fixed July 2, 2018 for the 2nd defendant (Destra Investments Limited), a company owned by Metuh, to open its defence in the trial.
The post Justice Abang Closes Case In Metuh, Lawyer’s Absence appeared first on Independent Newspapers Nigeria.
Source: Daily Independent
We appreciate you for reading our post, but we think it will be better you like our facebook fanpage and also follow us on twitter below.
Title :
Justice Abang Closes Case In Metuh, Lawyer’s Absence
Description : Abuja – J ustice Okon Abang of the Federal High Court sitting in Abuja, on Friday closed the case of Olisa Metuh, in the ongoing trial of ...
Rating :
5