The Nigerian Court of Appeal sitting in Abuja on Wednesday dismissed the appeal brought before it by the embattled National Publicity Secretary of the Peoples Democratic Party (PDP), Olisa Metuh, ruling that the trial judge, Justice Okon Abang of the Federal High Court Abuja was right when he dismissed Metuh’s no-case-submission.
In a unanimous judgment delivered Wednesday by a three-man panel of Justices led by Justice Abdul Aboki, the appellate court held that, Metuh had a case to answer regarding the N400 million allegedly transferred from the Office of the National Security Adviser (ONSA) into his company account.
Justice Aboki noted that the Economic and Financial Crimes Commission (EFCC) had established a prima-facie case to warrant explanations from the defendant, adding: “From the evidence adduced before the trial court, can it be said that the 1st defendant has no case to answer?
“The case of the prosecution has raised several questions that only the defendant can answer. It is evident that from testimonies of the eight witnesses called by the prosecution that issues of fact were raised to warrant explanations from the appellant. There is need for the defendant to either accept or deny the allegations against him,”
According to Justice Aboki, the prosecution having closed its case, the burden of defence shifted to the appellant who he said was “entitled to give explanations as to what actually transpired”.
“There is no merit in this appeal and it is accordingly dismissed,” Justice Aboki ruled.