News
Appeal Court Nullifies Metuh’s Trial, Jail Term, Voids Dasuki’s Indictment
The Court of Appeal in Abuja on Wednesday set aside the conviction of a former National Publicity Secretary of the Peoples Democratic Party, Olisa Metuh, on the grounds of bias allegedly exhibited by the trial judge who sentenced him to seven years’ imprisonment for money laundering charges in February 2020.
The three-man panel led by Justice Stephen Adah ordered a retrial of the case.
Justice Adah who read the lead judgment ordered that the case file be sent back to the Chief Judge of the Federal High Court and be reassigned to another judge for retrial.
He directed that the matter could be retried by any judge of the Federal High Court but not the former judge, Justice Okon Abang, whom the Court of Appeal adjudged to have, by his utterances in his handling of the case, exhibited “manifest bias” against Metuh and his team of lawyers.
Justice Abang of the Federal High Court in Abuja had on February 25, 2020, sentenced Metuh to seven years’ imprisonment after finding him and his firm, Destra Investment Limited, guilty of charges of money laundering involving the sum of N400m they received from the then National Security Adviser, Col. Sambo Dasuki (retd.) in 2014 preparatory to the 2015 general elections.
The judge had also convicted and sentenced Metuh for transacting with $2m cash without going through a financial institution in violation of money laundering law.
Justice Abang also, in the judgment, indicted Dasuki for breach of trust and acts of corruption by his action of giving the sum of N400m to Metuh from the office of the NSA’s account without justification.
Metuh, his firm, and Dasuki had filed separate appeals against the judgment, accusing the trial judge of bias and alleging a breach of their rights to a fair hearing by the judge.
They quoted from the records of proceedings of the trial court, the perceived bias comments of the judge criticising Metuh and members of his legal team for allegedly making life difficult for him over his firm handling of the case.
Dasuki, who is standing trial before another court in respect of the handling of the funds of the NSA office ahead of the 2015 general elections, stated in his appeal that without being charged or allowed to defend himself in the case before Justice Abang, more than 10 indicting comments were made against him by the judge.
Although Dasuki, appeared as a defence witness subpoenaed by Metuh in the course of the trial, the ex-NSA said his indictment by the judge was a breach of his right to a fair hearing.
The three-man panel unanimously upheld the appeals on Wednesday.
Justice Adah held that from the records of the proceedings and the judgment produced by Metuh and his firm, “the trial judge has shown to the world by his utterances that he was biased against the appellants”.
He held that a judge “must not only do justice but must manifestly be seen to have done Justice. They must be seen to be fair to all parties and any evil spin of bias will invalidate the integrity of the proceedings,” he held.
He said the bias exhibited to by the trial judge led to a breach of their right to fair trial “and cannot be allowed to stand in order not to set a dangerous precedent
Delivering judgment on Dasuki’s appeal, Justice Adah held that the ex-NSA, not being a defendant in the trial or allowed to defend himself, the “damaging comments” made against him breached his right to a fair hearing.
He dismissed the objection by the Economic and Financial Crimes Commission’s lawyer, Sylvanus Tahir, who argued that Dasuki had no right of appeal in the case as he was not a defendant on record at the trial.
One of Metuh’s lawyers, Emeka Etiaba (SAN), said his team would immediately commence the administrative process of getting the ex-PDP spokesperson released.
Etiaba said although they had wanted the case to be dismissed and not sent back for a retrial, they were vindicated that their allegation that the trial judge was biased was affirmed.
The EFCC’s counsel, Tahir could not immediately tell if the prosecution would pursue an appeal or the retrial ordered by the Court of Appeal.
The Punch
The All Progressives Congress has expelled a former Minister of Interior and ex-Osun State Governor, Rauf Aregbesola, over alleged anti-party activities.
Aregbesola, who led Osun State for two terms, had spearheaded a faction within the APC known as The Osun Progressives which was later rebranded as the Omoluabi Caucus.
A letter from the APC leadership seen by newsmen on Wednesday officially confirmed Aregbesola’s expulsion.
The letter, titled “Allegations of Anti-Party Activities – Conveyance of State Exco Decision to You,” accused him of breaching Article 21 of the party’s constitution, which outlines disciplinary measures for members.
The letter read in part, “At the end of the investigation, the State Executive Committee (SEC) considered the report of the Disciplinary Committee. Having carefully reviewed the findings and recommendations, the SEC resolved to approve your immediate expulsion from the APC.
“The decision was predicated on clear evidence of your actions, which undermined the unity and integrity of the party. As a result, you are no longer a member of the APC and must refrain from holding yourself out as one or acting on behalf of the party in any capacity.”
The former minister’s expulsion followed a Sunday meeting of the Omoluabi Caucus, presided over by Aregbesola, where the group announced its decision to exit the APC, citing the party’s waning influence in Osun.
Ogun State governor, Prince Dapo Abiodun, has vehemently opposed the establishment of Sharia Court in the State, declaring it unauthorized and illegal.
He, therefore, directed the individuals behind its creation to immediately cease operations and disband all related activities.
The governor’s response followed the circulation of a flyer announcing the launch of a Sharia Court in Ogun State by the Sharia Arbitration Committee.
The flyer stated: “Alhamdulillah, it’s eventually established in Ogun State. A Sharia Court, which Ogun State Muslims have been yearning for, for ages, is finally here.”
It further invited litigants, stating: “You can now seek redress or have your case adjudicated based on Qur’an and Sunnah by reputable Islamic jurists. The Shari’ah Court, under the able leadership of eminent, reputable and erudite Islamic scholars like Shaykh Dr. Khidri Mustafa – Grand Qadi, Shaykh Abdu-r-Rasheed Mayeleke, Dr. Musa Afis, and a host of competent Islamic jurists, is open to all Muslims, male and female.”
It also listed the types of cases the court would handle, including marital disputes, Imamship tussles, organizational conflicts, child custody and guardianship, and inheritance matters.
Reacting to this development, Governor Abiodun issued a personally signed statement, making it clear that the legal framework of Ogun State does not recognize Sharia Court.
“No Sharia Court is authorised to operate within Ogun State. The courts that are legally empowered to adjudicate disputes arising within Ogun State are those established by the Constitution of the Federal Republic of Nigeria or by state laws, which are: Magistrates’ Courts, High Court, Customary Courts, Customary Court of Appeal, Federal High Court, National Industrial Court, Court of Appeal, and Supreme Court.”
The governor emphasized that Sharia law does not form part of the legal framework of Ogun State and reaffirmed the government’s commitment to upholding the rule of law.
“No law operating in Ogun State has established a Sharia Court, and Sharia law does not form part of the legal framework by which the Ogun State Government administers and governs society,” he declared.
While recognizing the freedom of individuals to practice their religion, the governor stressed that this does not extend to creating unauthorized courts.
“No individual or group is legally permitted to constitute a court or present themselves to the public as a court without legal backing,” he warned.
Governor Abiodun then ordered the immediate cessation of all activities related to the illegal Sharia Court, stating:
“The Ogun State Government, hereby, directs that all persons involved in the creation or operation of this unauthorised court must immediately cease all related activities and disband the illegal entity and all its apparatus.”
He further warned the public against engaging with the court, urging them to report any related activities to the authorities.
“The Ogun State Government also advises members of the public to disregard any summons, documents, or persons associated with the illegal Sharia Court. Such occurrences should be promptly reported to the State.”
The controversy surrounding the establishment of Sharia Courts in the Southwest has been growing. Just last week, the Governor of Ekiti State, Abiodun Oyebanji, similarly rejected the creation of a Sharia Court in his state, calling it illegal.
In December last year, the Supreme Council for Shari’ah in Nigeria announced plans to inaugurate a Sharia Court in Oyo town, Oyo State. However, following public outcry, the council postponed the inauguration indefinitely.
Commenting on the issue, Oyo State Governor, Seyi Makinde, said Sharia Courts would only be permitted if they align with the Nigerian Constitution.
“People may try, but for us, I swore to uphold our laws and the Constitution of Nigeria. If their actions are within the law, fine. If not, they should expect that I will insist the law must be followed,” Makinde stated.
On Monday, Afenifere and CAN publicly rejected the idea, while the International Council for Ifa Religion also voiced its disapproval.
The council’s President, Fayemi Fatunde, warned that the introduction of Sharia law in the Southwest could have hidden motives.
“We have witnessed the consequences of Sharia law in the northern parts of Nigeria. The introduction of Sharia law to the South-West has a hidden agenda of Islamisation, contrary to the narrative being presented,” Fatunde argued.
As the debate over Sharia Courts in the South West continues, the Ogun State Government has made its stance clear—only courts recognized by the Nigerian Constitution will be permitted in the state. With similar resistance in Ekiti, Oyo, and other states, the issue remains a subject of intense national debate.
The Federal Civil Service Commission (FCSC) has debunked reports about an ongoing recruitment in the Commission, saying it is not true.
The Public Relations Officer of the FCSC, Mr. Taiwo Hassan, quoting the Chairman Tunji Olaopa on Monday night, clarified that there is no fresh recruitment currently going on at the commission.
“The attention of the FCSC has been drawn to information making the rounds on various media platforms about advertised vacancies and recruitments in the commission.
“The commission unequivocally declares that the information containing the commission’s website and the name of the Director (Recruitment and Appointment) did not emanate from the commission.
“It is fictitious and should be disregarded,” Hassan said.
He warned members of the public to be wary of activities of fake recruitment syndicates and racketeers.
He said the commission would officially announce to the public on national dallies and through its website whenever such recruitment exercise commenced.
