Appeal Court Nullifies Dasuki’s Indictment, Orders Metuh’s Re-Trial

The Court of Appeal has set aside the indictment of former National Security Adviser (NSA), Colonel Sambo Dasuki (rtd) contained in a judgment delivered by Justice Okon Abang of the Federal High Court in Abuja.

The said judgment had convicted and sentenced former spokesperson of the Peoples Democratic Party (PDP), Olisa Metuh, for money laundering and other related offences.

In a unanimous judgment delivered on Wednesday, a three-man panel of the Appeal Court led by Justice Stephen Adah held that the Federal High Court made damaging comments against Dasuki without giving him a fair hearing.

Justice Adah further held that not being charged as a co-defendant in the case or given any opportunity to defend himself, the comments made against Dasuki were unwarranted.

The Appellate Court therefore ordered that all the lines in the judgment where Colonel Dasuki was indicted be expunged and nullified.

In an earlier judgment on Wednesday, the panel had also set aside Metuh’s conviction on the grounds of bias shown by the trial judge, Justice Okon Abang of the Federal High Court.

Also, the Court of Appeal nullified the conviction of Metuh and the seven years imprisonment imposed on him by the same Justice Abang over alleged money laundering and corruption charges.

The Appellate Court nullification of Metuh’s conviction on account of glaring bias by the trial judge, Justice Okon Abang is coming after about 10 months of his jail term

Justice Stephen Adah, who delivered the appellate court judgment, subsequently ordered that Metuh’s case be returned to the Federal High Court for fresh trial by another judge.

Recalled that in a judgment delivered on February 25, 2020, Justice Abang of the Federal High Court, Abuja found Metuh guilty of money laundering charges preferred against him by the Economic and Financial Crimes Commission (EFCC) and consequently sentenced him to seven years imprisonment.

Dissatisfied with the ruling, Metuh approached the appellate court seeking to upturn Justice Abang’s decision.

In his 10 grounds of appeal, Metuh submitted that the trial judge erred in law by exhibiting strong bias while also denying him fair hearing.

He, therefore, prayed the court to set aside the judgment of Justice Abang and quash the charges against him.

Delivering judgment in the appeal, Justice Adah, noted that issue of bias is a serious issue and once it is established the decision of the trial court cannot stand.

Adah stated that findings of the panel revealed that the trial court judge displayed elements of bias during the trial of Metuh.

While observing that there were incidents of hostilities between the judge and counsel to the 1st defendant, Justice Adah, held that “Trial must be conducted in a conducive atmosphere free from rancour and element of likelihood of bias”.

“The judgment of the trial court cannot stand on account of manifestly and glaring bias”, he held. This case is remitted to the lower court for a fresh hearing by another judge”, he added.

Citing similar grounds of bias, the Court nullified the judgment against Metuh’s company, Dextra Investment Limited and therefore ordered that the trial be conducted afresh.

Justice Adah also directed that the case file be sent back to the Chief Judge of the Federal High Court for reassignment to another judge other than Justice Abang.

Justice Abang had in his judgment delivered on February 25, 2020, sentenced Metuh to seven years’ imprisonment for fraudulently receiving N400m from the Office of the National Security Adviser (NSA) then manned by Col Sambo Dasuki (rtd) – With PRNigeria report