THE Economic and Financial Crimes Commission (EFCC) has said the fraud case involving the former spokesperson of the People’s Democratic Party (PDP) is still in court and has not been struck out.
The EFCC disclosed this in a statement on its official Twitter handle today.
EFCC PRESS STATEMENT
Olisa Metuh's Case Not Struck Out
The attention of the Economic and Financial Crimes Commission, EFCC, has been drawn to some reports in the media, alleging that, the Federal High Court, FHC, sitting in Abuja, on Monday, September 26, 2022,… pic.twitter.com/r4kNEmc3oo
— EFCC Nigeria (@officialEFCC) September 27, 2022
This is as a Federal High Court in Abuja on Monday September 26 struck out a suit the EFCC filed against Metuh for retrial.
The presiding judge Justice Emeka Nwite described the seven-count charge in a suit marked FHC/ABJ/CR/05/2022 that the anti-corruption agency filed as “an abuse of court process.”
Nwite also stated that the matter is currently before the Supreme Court.
However, the first defendant has an application for the release of his international passport before the trial court.
Nwite reportedly struck it out after considering the submissions of counsel for the defendants in the suit, saying the trial court could not decide a matter pending before the Supreme Court.
The EFCC had filed the suit before Nwite for the retrial of Metuh (1st defendant) and his company, Destra Investments Ltd, listed as the 2nd defendant in the case.
Meanwhile, the EFCC has stated that the case was not struck out, adding there was no truth in those reports.
“Metuh’s case is presently pending before the Supreme Court, arising from the appeal by the Commission, as well as his own cross-appeal, upon the judgment of the Court of Appeal, which nullified the judgment of the trial court on alleged grounds of bias.
“There is, therefore, no pending case before the Federal High Court to warrant striking out of the same. It bears reiterating that the EFCC has no new application for a retrial of Metuh before the court.
“There can be no striking out of a suit that was not initiated or filed before the court. Any report of striking out of a suit filed by the EFCC on Metuh is a gross misrepresentation of the status of the case, and the Public is enjoined to ignore such reports,” the commission said.
The EFCC said it was awaiting the judgment of the apex court against the discharge of Metuh by the Court of Appeal in the N400 million money laundering charges it instituted against him.
The commission added that it would do nothing to abuse the court’s processes, as it remained committed to total respect for the rule of law.
Metuh is facing trial for the alleged diversion of N400 million received from the office of the former national security adviser, Sambo Dasuki, for the 2015 general elections.