Alleged N400m fraud: Jonathan asked Metuh to submit his company’s account — Witness

ABUJA — The embattled National Publicity Secretary of the Peoples Democratic Party, PDP, Chief Olisa Metuh, yesterday, opened his defence to the seven-count charge the Economic and Financial Crimes Commission, EFCC, preferred against him.

President Jonathan

In a bid to establish his innocence, Metuh, who is facing trial alongside his company, Destra Investment Limited, over alleged N400 million fraud, produced his first witness to testify before the Federal High Court sitting in Abuja.

The witness, DW-1, Mr. Ike Abonyi, who identified himself as a journalist and Media Consultant to the PDP, narrated before the court, events that led to the alleged transfer of N400 million into Metuh’s company account, prior to the 2015 presidential election.

Abonyi, who said he was part of the media team engaged to help and “repackage the battered image of the PDP,” told the court that he attended the meeting where former President Goodluck Jonathan directed Metuh to submit his corporate account for money to be “dropped” into it to enhance campaign activities of the party.

Led in evidence by Metuh’s lawyer, Dr. Onyechi Ikpeazu, SAN, the witness said ex-President Jonathan gave the directive after he watched a presentation that was made by a team of media experts constituted by Metuh to launder his image before the general election.

He said the team was headed by the Managing Director of a public relations firm, CNC Connect, Mr. Yomi Badejo. Abonyi told the court that Jonathan was moved to act after the team, during its presentation, informed him that his public image was in bad shape.

He said the candid appraisal of the image of the ex-President by his team did not go down well with the then media aide to the President, Dr. Reuben Abati, who he said took it as an indictment on his office.

Party members present

According to the witness, some senior members of the party, who were present at the meeting when Jonathan demanded the account number, included the then Vice President Namadi Sambo, then Senate President David Mark and former National Chairman of the PDP, Alhaji Adamu Muazu.

Others were former Governors of Cross River and Anambra States, Liyel Imoke and Peter Obi, respectively, as well as media aides to the President, Dr. Abati and Chief Doyin Okupe.

The witness’ testimony

The witness said: “The team, anchored by CNC Connect, preferred some strategies and after rehearsals and testing, we all agreed that we have a good product to present and Chief Metuh said he would wait for clearance from the Presidential Villa for a date for the presentation.

“One afternoon, he told me that he just received a call from the National Chairman of the party, Alhaji Adamu Muazu, that the President would be ready for the presentation that night.

“All the other members of the team were resident in Abuja except the company, CNC connect, which was based in Lagos.

“He called MD of the firm to take next available flight for the presentation. Because he was already expecting the appointment, Yomi took the next available flight and came in around 6pm.

“Because he was coming from Lagos, other members of the team went with one vehicle while Metuh carried Badejo. “At the villa, only Metuh’s car was allowed to go in, but they waited for us to be cleared by the security.

“After then, we were ushered to a waiting room. Metuh left us and entered the inner room. Fifteen minutes later, he came and called us and we entered inside a very large parlour with the President seated, the Vice President, Senate President, Chairman of the party, then governor of Cross River, Imoke, then governor of Anambra State, Obi and some media aides to the President, Dr. Ruben Abati and Doyin Okupe.

The presentation

“We sat down, after a while, the President said ‘Olisa where are your men?’ and he called us up and the MD of CNC Connect was the first to speak for the team and we went there with a projector and demonstrated the strategies without a microphone.

“After the presentation, the President requested for comments from other members of the team. After our comment, he said jokingly that we were too hard on him. “But we made it clear that his image was in bad shape and that he himself was not helping the matter with the way he was acting.

Abati reacts “At a point Abati, who saw our presentation as an indictment on him, told the President that the situation was not as bad as we tried to portray it. But the President overruled him.

“After the presentation as well as that of others, including ones from Abati and his team, Okupe and his team and other professionals brought in by politicians, the President asked for comments. Those with him said they were impressed with what we did.

“I recall vividly, comments by former governor of Anambra, who told the President that if what we presented is achievable, that we should be mobilised before the President starts his campaign.

“He said if not, it will be difficult to win the election because of public perception at that time.

“The President then said since it appeared consensual, that Metuh and his team did a better job, he would advise that all the others collapse into the team, but he would want the consultant to provide the direction.”

While being cross-examined by EFCC lawyer, Mr. Sylvanus Tahir, the witness said he was not aware if the money was released to Metuh by the former NSA, Dasuki.

Meantime, trial Justice Okon Abang, yesterday, fixed April 20 for counsel to Metuh’s firm, Chief Tochukwu Onwugbufo, SAN, to cross-examine the witness.

Read more at: http://www.vanguardngr.com/2016/04/alleged-n400m-fraud-jonathan-asked-metuh-submit-companys-account-witness/

Alleged N400m fraud: Jonathan asked Metuh to submit his company’s account — Witness

Metuh loses bid to stall trial

It was a bad day at the court yesterday for the spokesman of the Peoples Democratic Party (PDP), Olisa Metuh, as he failed in efforts to stall proceedings in his trial, following which Justice Okon Abang ordered him to open his defence on Monday, failing which he will lose the opportunity.

Metuh and his company, Destra Investment limited, are being tried before the Federal High Court, Abuja for unlawfully receiving N400m from the Office of the National Security Adviser (ONSA) and engaging in money laundering.

Olisa Metuh in Court

Yesterday, Justice Abang, in a series of rulings, rejected all applications by Metuh and Destra, which the judge said were only intended to stall proceedings in the case. Yesterday’s proceedings lasted for about seven hours (from 9am to after 4pm).

At a point, Metuh, who had complained that he was not allowed to sit in court, pleaded with the court to allow him walk for some minutes, having sat for a long time. The proceedings were later suspended about 10 minutes in view of Metuh’s request.

The first ruling was on a motion in which the defendants urged the judge to disqualify himself from further presiding over the case and refer it back to the Chief Judge for reassignment to another judge.

The defendants hinged the motion on their claim, among others, that the judge had exhibited bias in his handling of the case. They had made similar allegations in a petition to the court’s Chief Judge, Justice Ibrahim Auta, which Justice Auta rejected and directed Justice Abang to continue to hear the case.

Dismissing the motion yesterday, Justice Abang upheld the argument by the prosecution lawyer, Sylvanus Tahir, to the effect that the defendants failed to provide sufficient facts to support their claim that the judge was biased.

The judge also refused another motion by Metuh and his company, praying the court to adjourn the case indefinitely, pending the determination of an application for stay of proceedings which they filed before the Court of Appeal, Abuja.

In refusing the application, the judge held that such prayer would have been granted in deference to the Court of Appeal, if the case was a civil one.

He was of the view that the case, being a criminal one, the extant law regulating criminal proceedings in the country – the Administration of Criminal Justice Act (ACJA) 2015 frowns at such interlocutory (mid-proceedings) adjournment with its provision in Section 306.

The judge also noted that there was no order by the Court of Appeal staying proceedings before his court and that, by virtue of the provision of Section 306 of the ACJA, it would be wrong for the court to grant such adjournment.

Justice Abang equally rejected some other oral applications for adjournment made by lawyers to Metuh and his company.

One of such application was by Tochukwu Onwugbufor (SAN) who urged the court to adjourn the case on the grounds that he was briefed the previous day to represent Metuh’s company, even when both Metuh and his company were, before yesterday, jointly represented by a team of lawyers made up of five Senior Advocates.

Onwugbufor, at the commencement of proceedings, urged the court to adjourn to enable him apply and receive records of proceedings in the case, to familiarise himself with the case, to receive proper briefing from his client and to allow him sufficient time to prepare for his client’s defence.

He argued that it was the right of his client to be accorded all the necessary facilities, including sufficient time to enable him prepare his defence.

The Senior Advocate complained that the Court’s Registrar and prosecution lawyer refused to accept the letter he brought to court yesterday, seeking adjournment on the ground that he was just briefed.

Responding, prosecution lawyer, Sylvanus Tahir argued that the team of lawyers representing the defendants have failed to comply with the condition precedent, as provided in Section 349(7) and (8) of the ACJA to qualify Onwugbufor to appear in the case as a new lawyer for Destra.

He argued that by the provision, a lawyer withdrawing from a case is required to inform the court at least, three days before the next hearing date.

“Section 349 (7) & (8) of the ACJA provides for how a counsel in a matter should conduct his case and procedure for disengagement.

“Up till now, there is no such notice of disengagement from the firms of the five Senior Advocates, namely Onyechi Ikpeazu, Chris Uche, Ifedayo Adedipe, Emeka Etiaba and Goody Uche, who have been representing the defendants from inception.

“There is no notice of withdrawal by any of the lawyers mentioned either in group or individually. If such letter exists, it has not been served on the prosecution. Rather than comply with the law, we are told that a counsel, seeking to come in, who has not properly been allowed in, is writing for an adjournment.

“Without complying with Section 349(7)(8), this court cannot take cognisance of the presence of Onwugbufor SAN,” Tahir said.

On Onwugbufor’s argument that refusing his application for adjournment would amount to denial of fair hearing, Tahir argued that that issue does not arise.

“Fair hearing envisaged in the Constitution is to a party in the case and not to his counsel, who seeks to come in at the 11th hour, without following due procedure.

“Right from the inception of this case, no party has been denied fair hearing. The defendants have not claimed that proceedings were conducted in a language they do not understand.

“There is no complaint that they have been denied the right to legal representation. In fact they have a consortium of five Senior Advocates and a legion of junior lawyers representing them.

“The requirement of fair hearing by the Constitution has been observed to the letter in this case. We were last in court on March 24. Between then and now, if the 2nd defendant, which is an entity owned by the 1st defendant (Metuh), had wished to disengage its lawyer, it has enough time to have done that.”

He urged the court to refuse the application for adjournment, a request the judge, in his ruling upheld and refused to adjourn on the strength of Onwugbufor’s application.

Following the judge’s last ruling, rejecting his plea for adjournment, Onwugbufor refused to sit down, insisting the judge must hear his last submission. He was still standing when the judge, who ordered Metuh and his company to open their defence by calling their witnesses, later adjourned to Monday, April 11 (for the defence to open its case).

Although the case involving former Chief of Defence staff, Alex Badeh, was later called, trial could not go on because of time constraint. The judge adjourned the case to April 12.

Metuh loses bid to stall trial

Metuh lied, I didn’t know him, Abang tells CJ

Justice Okon Abang of a Federal High Court in Abuja has debunked the claim of the National Publicity Secretary of the Peoples Democratic Party, Chief Olisa Metuh, that they had known each other before the PDP’s spokesperson’s trial started in his court on January 15 this year.

The judge denied the claim and other allegations contained in a petition sent by one of Metuh’s lawyers, Mr. Emeka Etiaba (SAN), to the Chief Judge of the Federal High Court, Justice Ibrahim Auta, asking for the re-assignment of the PDP’s spokesperson’s trial to another judge.

Olisa Metuh in Court

Our correspondent sighted Justice Abang’s response, dated March 23, 2016, which was addressed to the Chief Judge of the Federal High Court.

The judge, in his response, maintained that he never knew Metuh to be his classmate in the 1987/1988 set of the Nigerian Law School, which according to him, was made up of over 1,000 students.

He added that if Metuh had truly been his classmate, that would never change the facts of the case and the relevant laws.

Metuh and his company, Destra Investments Limited, are being prosecuted before Justice Abang by the Economic and Financial Crimes Commission.

The EFCC is prosecuting Metuh and his firm on seven counts of money laundering involving $2m cash transaction and contract fraud relating to the N400m the accused allegedly received from the Office of the National Security Adviser in November, 2014.

At a point when the prosecution led by Mr. Sylvanus Tahir had closed its case with eight witnesses, and Metuh was expected to open his defence, Etiaba sent the petition, dated March 11, 2016, to the Federal High Court’s CJ, asking for the re-assignment of the case to another judge.

In the petition, Etiaba claimed that Metuh was a classmate of the judge in the 1988 set of the Nigerian Law School.

He claimed that Metuh and the judge both practised law in Lagos before the PDP spokesperson relocated to Abuja and Justice Abang, on his part, was appointed a judge.

Etiaba also alleged that Metuh met and had discussion with Justice Abang late last year at the L’e Meridien Hotel in Akwa Ibom State, adding that his client was baffled at the views expressed by the judge during their encounter.

The lawyer also accused the judge of denying his client fair hearing by refusing to release to the defence team a copy of the records of proceedings of the court to enable them to appeal against some decisions of the judge in the course of the trial.

But Justice Abang denied all the allegations in his letter to the Chief Judge.

The judge stated that he could not recall either seeing Metuh while at the Law School or coming across him while practising as a lawyer anywhere in the country before he (Abang) was appointed a judge in June 2009.

Justice Abang stated that contrary to Metuh’s claim, he never attended any function at the Uyo hotel where the PDP’s spokesperson claimed they met late last year.

He added that he did not see Metuh at the Law School class reunion meetings which he recently attended in Abuja, Lagos and Enugu.

The judge stated, “With respect to the first issue that the petitioner, Emeka Etiaba (SAN), stated that the 1st defendant in Charge FHC/ABJ/CR/05/2016 was my classmate in the Nigerian Law School, my Lord, for the records, I was at the Law School in 1987/88 academic session.

“I am not aware that Olisa Metuh was my classmate in the Nigerian Law School.  I cannot recall seeing him in the time session in my time. In the Law School, we were over 1,000 students and we had then two sessions, morning that I attended.

“He is not from my place, Oron, in Akwa Ibom State. I did not see him as a student at the University of Calabar that I attended between September 1983 and June 1987. I have never met him in practice anywhere in the country before I was elevated to the bench in June 2009.

“Again, he claimed he met me at Le’ Meriden, Uyo, late last year. I was not at Le’ Meriden, Uyo, late last year. I had no function that I attended at the Le’ Meriden, Uyo, late last year. I did not meet him at Le’ Meriden Uyo late last year. If the records show that he is a lawyer and was called to the Nigerian Bar on November 3, 1988, which record I am yet to see, that cannot affect the facts and the law.

“I attended recently my class reunion meeting in Abuja, Lagos and Enugu, I did not see Olisa Metuh in the places I mentioned.  I am not related to Olisa Metuh in any way, I do not know where he comes from.”

Concerning the allegation that he delivered rulings in favour of the prosecution, Abang said Metuh’s lawyer ought to know what to do.

The judge also denied the allegation that he deliberately withheld the record of proceedings to scuttle Metuh’s plan to appeal against some of the court’s decisions.

The judge stated, “As regards the issue that I made interlocutory decisions in favour of the prosecution in the matter, my response here is simple, and that is that I am entitled to give decisions in matters placed before me for adjudication having heard parties.

“That is why there are appellate courts. If he is dissatisfied with those decisions, I think Emeka Etiaba (SAN) ought to know what to do.

“As regards the alleged non-release of the record of proceedings, I think Emeka Etiaba (SAN) is not fair to me at all. I will leave him to his conscience. He has an improper motive in this regard.

“For the records, my Lord, the defendant applied for the Certified True Copy of the proceedings at the time the proceedings were going on from day to day. I approved same and directed my secretary to type the proceedings.

“The proceedings were bulky in nature because I heard the case from day to day. When the secretary concluded typing the proceedings, I abandoned all other matters before me and concentrated on checking the typed proceedings to be in line with what were in the court’s records.

“When I proofread the proceedings and was satisfied that it represents what transpired in the open court, I endorsed same for certification and released the proceedings to them on March 15, 2016.”

The judge had on March 9 dismissed Metuh’s no case submission, declaring that the accused had case to answer and directed the defendants to open their defence.

But the case has since then been adjourned three times due to the inability of Metuh and his firm to call their witnesses.

Metuh lied, I didn’t know him, Abang tells CJ

Metuh asks judge to disqualify self, wants trial halted

The National Publicity Secretary of the Peoples Democratic Party, Mr. Olisa Metuh, has filed two separate applications, one of which asks Justice Okon Abang of a Federal High Court in Abuja, to disqualify himself from further presiding over his trial.

The other application by Metuh asks the court to adjourn to enable the Court of Appeal rule on his application for stay of proceedings in his trial.

The Economic and Financial Crimes Commission is prosecuting Metuh and his firm, Destra Investments Limited on seven counts of money laundering involving cash transaction  with $2m and fraud involving N400m which the PDP spokesperson collected from the Office of the National Security Adviser in November 2014.

Metuh was scheduled to open his defence today filed anchored his application praying the judge to disqualify himself from further presiding over the case on the fact that he was a classmate with the judge in the law school.

Metuh asks judge to disqualify self, wants trial halted

Justice Abang definitely knew Metuh as classmate – Chidi Odinkalu

The immediate past chairman of the National Human Rights Commission, Chidi Odinkalu, has stated that Justice Okon Abang of the Federal High Court Abuja knows the spokesperson of the Peoples Democratic Party, Olisa Metuh, as a former classmate.

Mr. Metuh, who is facing trial over corruption charges in the court sitting under Mr. Abang, had written to the Chief Judge of the Federal High Court, Ibrahim Auta, demanding that the case be withdrawn from Mr. Abang and assigned to another judge.

Mr. Metuh’s grounds were that Mr. Abang and he were classmates at the Nigerian Law School, Lagos. He also said he feared he might not get fair trial from Mr. Abang because of some views expressed by the Judge when they met at a function in Akwa Ibom State last year.

In reaction, Justice Abang, on Thursday, said he was not aware Mr. Metuh was his classmate.

“I am not aware that the first defendant was my classmate, he said he is my classmate,” the judge said.

However, checks by PREMIUM TIMES revealed that Messrs. Abang and Metuh graduated on the same day, November 3, 1988 from the law school.

In a short reaction to our story on Sunday, Mr. Odinkalu said Mr. Abang “surely knows that he and Olisa went to school together.”

The former human rights chief said he was also in the same class with Messrs. Metuh and Abang as well as some other prominent Nigerians.

“We were all in the same law school set in 1988. We were all admitted to the Bar same day on 3 Nov 1988.

“Fashola, Anyim, Godswill Akpabio, Liyel Imoke, Nnia Nwodo all were in that set.

“I know Olisa and Abang have been together at more than two class reunions. In Lagos, Uyo. Someone isn’t being totally candid,” Mr. Odinkalu said.

Justice Abang definitely knew Metuh as classmate – Chidi Odinkalu

Judge denies Metuh’s petition, vows to continue trial

Justice Okon Abang of a Federal High Court in Abuja on Thursday denied the petition written against him by the National Publicity Secretary of the Peoples Democratic Party, Chief Olisa Metuh, asking for the transfer of his corruption trial to another judge.

Olisah Metuh

The judge disclosed in the open court on Thursday that one of Metuh’s lawyers, Mr. Emeka Etiaba (SAN), had sent a petition to the Chief Judge of the Federal High Court, Justice Ibrahim Auta, asking for the reassignment of the case to another judge.

The judge disclosed this while considering an application by one of Metuh’s lawyers, Mr. Ifedayo Adedipe (SAN), asking for an adjournment due to the absence of the leader of the defence team, Dr. Onyechi Ikpeazu (SAN), who was said to be on a trip to the University of Ilorin for an eye surgery.

Justice Abang said he never knew Metuh to be his classmate in the law school as alleged in the petition sent to the chief judge.

Justice Abang also denied the allegation that he deliberately held back the record of the proceedings of the trial from the defence team.

The judge, who said he would resist any blackmail, insisted that despite the petition written against him by Etiaba, apparently on Metuh’s instructions, he would continue to hear the case except if the Chief Judge directed otherwise.

He said, “I want to say that I have a circular by my employer, the National Judicial Council, that where there is a petition in a matter seeking the transfer of a case to another judge, that the judge handling the case shall continue to preside over the matter until a decision is taken by the authority that the petition was addressed to.

“On account of this circular, I shall continue to preside over this matter until the honourable Chief Judge of this court takes a decision on Emeka Etiaba’s petition.”

The judge faulted Etiaba for failing to serve the petition on the Economic and Financial Crimes Commission, which is prosecuting the case, so as to enable it to respond to the application.

The judge said Etiaba’s act of serving a letter with respect to a pending case on the Chief Judge without serving it on the other party was a breach of Rule 30(5) of the Rules of Code of Conduct for Legal Practitioners.

The judge said, “The prosecution ought to have been availed with that letter so that they could also be heard before the Chief Judge takes a decision on the petition. It is not only the defence that is entitled to justice.

“The Federal Republic of Nigeria and the defendants are also entitled to justice. Emeka Eitiaba ought to have served a copy of that letter on the prosecution so that they would have the opportunity to react to the view expressed by him.

“There are three grounds in the letter – one: that some of the decisions the court took were given in favour of the prosecution; two: that the court refused to release the record of proceedings. The record of proceedings has been released to the defendants two days ago. It comprises 212 pages.”

Metuh and his company, Destra Investments Limited, who are being prosecuted by the EFCC, were scheduled to open their defence on Thursday.

The accused persons are being prosecuted on seven counts of fraud bordering on the N400m which they allegedly received from the Office of the National Security Adviser as well as money laundering involving cash transaction of $2m.

But responding to a similar question put across to him by the judge, Adedipe, who led the defence on Thursday, said, “Any letter written by any member of the defence counsel is a decision of the defence team.”

The judge subsequently granted Adedipe’s application for adjournment and fixed March 23 for Metuh to open his defence.

The judge noted that the case had already been adjourned three times before Thursday at the instance of the defence.

He warned the defence team to be mindful of section 396(4) of the Administration of Criminal Justice Act which he said prohibits parties in a criminal trial from taking more than five adjournments.

Judge denies Metuh’s petition, vows to continue trial

Rivers: PDP Says Engineered Violence To Impose Emergency Will Fail

The national leadership of the Peoples Democratic Party (PDP) has warned that dire consequences will follow any attempt by the APC to push its plot to impose a state of emergency in Rivers state.

Olisah Metuh

The party said it has also rallied all its formation in the state to stiffly resist by all means necessary in a democracy any move by the APC to scuttle the Saturday’s National and State Assembly rerun elections in the state.

The PDP leadership in a statement signed by the National Publicity Secretary, Chief Olisa Metuh on Thursday said “the party is privy to a grand design by the APC to orchestrate violence in the state with a view to truncating the elections, having realized that the PDP and its candidates are more popular and ready to win overwhelmingly in all the reruns.

“We are aware that the orchestration of violence is designed to serve as stimulus for the planned imposition of a state of emergency to enable the APC forcefully take over the state which is failed to get through the ballot box. We also know the design to unleash violence is behind the recent infamous call by APC spokesman in Ondo state, Omo’ba Abayomi Adesanya for emergency rule in Rivers state.

“What else, apart from the execution of this plot explains the complains from our candidates and members in Rivers state of constant threats by partisan security operatives as well as the recent gale of arrests, attacks and killing of PDP supporters in the state?

“But let it be known that Rivers state is a stronghold of the PDP and that such profane quest would be squarely and comprehensively greeted with intense resistance and very dire consequences.

“Our position is guarded by the fact that we remain a responsible and law-abiding party committed to the sanctity of our electoral process, the interest and will of the Nigerian people. Besides, we have the numbers and the people of Rivers state are solidly behind us.

It is on this note that we totally welcome President Muhammadu Buhari’s warning to those instigating violence and causing mayhem in Rivers state. It is our belief that the President’s warning is more directed to APC supporters who have shown unique thirst for violence.

The hallmark of democracy is the inalienable rights of the citizens to freely choose their leaders; vote and be voted for, and we believe this right must be fully protected at all times.

While we expect the Independent National Electoral Commission (INEC) to use Saturday’s polls to redeem its image by ensuring that the elections were not only credible but also conclusive, we support the people of Rivers state in their demonstrated resolve to stand up and use all lawful means necessary in a democracy to defend their votes in the reruns as well as protect the state government they voted for.

Rivers: PDP Says Engineered Violence To Impose Emergency Will Fail

Metuh’s trial to continue despite lawyers’ absence – Judge

Justice Okon Abang of a Federal High Court in Abuja has directed that the National Publicity Secretary of the Peoples Democratic Party, Chief Olisa Metuh, will open its defence by 12pm on Thursday in his ongoing trial for corruption the despite absence of the defence lawyers.

The Economic and Financial Crimes Commission is prosecuting Metuh and his firm, Destra Investments Limited, on seven counts of fraud relating to the N400m he received from the Office of the National Security Adviser in November 2012 and $2m money laundering cash transaction.

Metuh was in court on Thursday but none of his lawyers was.

When the case was called at exactly 9am earlier today, the judge was handed a letter from Metuh’s lead counsel, Mr. Onyechi Ikpeazu (SAN), asking for an adjournment on health grounds.

The judge said the letter indicated that Ikpeazu had travelled to‎ University of Ilorin for treatment without stating the particular hospital he was visiting.

Justice Abang also acknowledged receiving another letter from the lead prosecuting counsel, Mr. Sylvanus Tahir, that was given to passed to him during the brief court session.

Tahir in his letter asked for a stand down till 12pm to enable him to appear for an appeal at the Supreme Court.

In a bench ruling on Thursday, Justice Abang said there was no evidence that the defence lawyer’s letter, asking for an adjournment was served on the prosecution.

He ruled, “Therefore my lords, I am inclined to stand down the matter till 12pm for the defendant to open their defence.

“I will only take decision on the request for adjournment by 12pm.”

Justice Abang had in a ruling on March 9 dismissed Metuh’s no-case submission, directing him  to open his defence in the trial.

PDP spokesperson had in his no-case submission asked the court to discharge and acquit him and his company on the grounds that the prosecution had failed to lead evidence linking him to the alleged crimes.

But the judge held in his ruling that the accused had case to answer to enable him to offer explanations about the allegations levelled against him.

He explained in the opening of his ruling that the court was not expected at the stage to make findings on the guilt or otherwise of the accused.

He added that the court could also not make pronouncement on the credibility of the prosecution witnesses that had testified.

After the prosecution closed its case with eight witnesses, the defendants through their lawyers, filed a no-case submission, asking the court to discharge and acquit them on the grounds that the prosecution failed to make any prima facie case against them.

But the judge ruled against the defendants on Wednesday, holding that the prosecution’s case had raised so many questions, which the defendants needed “to urgently answer”.

“I have no doubt in my mind that the defendants have explanations to make regarding counts 1, 2, 3, 4 and 7,” the judge ruled.

He held that the evidence given by the prosecution’s third and seventh witnesses as well as Exhibits D1 and E6(1) to (4) linked Metuh and his company to the alleged crime.

He added, “It is only the first defendant (Metuh) that can answer the questions. The first defendant admitted in his statement that the the second defendant (Destra) received N400m on November 24, 2014.

“Did the first‎ defendant inquire from the bank the source of this money? If he did, what did he do?

“If he did not ask from the bank why did he not report to the police or even the EFCC to investigate it. If he did not why did he disburse the fund to the 5th and 7th prosecution witnesses? Did he also disburse part of the money to Chief Anenih as contained in count seven.

“If he answer this questions it will be clear if the defendants knew or reasonably ought to have know that the fund represented proceeds of corrupt and criminal breach of trust by Col. Sambo Dasuki, while being the National Security Adviser.

Metuh’s trial to continue despite lawyers’ absence – Judge

Ex-President Jonathan named in statement ‘torn’ by Metuh — EFCC

A staff of the Economic and Financial Crimes Commission, EFCC, has told a court that a written statement allegedly volunteered by the spokesperson of the Peoples Democratic Party, PDP, Olisa Metuh, was destroyed by Mr. Metuh partly because it made references to former President Goodluck Jonathan.

Olisa Metuh in Court

Junaid Said told the court that Mr. Metuh admitted in the statement that he received N400 million arms money and used the sum for political activities and his personal needs, and made references to Mr. Jonathan.

The EFCC on Friday amended its charge of “destruction of evidence” against Mr. Metuh, the Peoples Democratic Party National Publicity Secretary.

The charge was amended at the resumption of the proceeding by the commission’s counsel, Sylvanus Tahir, at an FCT High Court presided over by Justice Ishaq Bello.

Mr. Tahir said the third-count of “Mischief” contravened Section 326 punishable under Section 327 of the Penal Code.

Testifying in the case, an EFCC witness, Junaid Said, told the court that Mr. Metuh tore the commission’s document.

Mr. Said, a Special Task Force Team member of EFCC, led in evidence by Mr. Tahir, said that the team received a petition in January 2016.

He said that the petition was from the office of the National Security Adviser (NSA), Sambo Dasuki, which alleged that he transferred N400 million to Destra Investment Limited, a company owned by Metuh.

The EFCC witness said investigations revealed that the transfer was done without any contract approval.

He said the team visited the resident of Mr. Metuh at Prince and Princess Estate, Abuja, on Jan. 5 and invited him to the commission.

Mr. Said told the court that Mr. Metuh honoured the invitation and was interrogated by Ibrahim Musa, Michael Wetkas, Bello Umar, David Nkpe, Bello Adama and Eucharia Ibrahim.

The EFCC witness said the defendant volunteered a statement to the commission.

“My Lord, when he concluded writing his statement which was on four sheets of the EFCC statement form, I collected the statement and read over it, I then handed the statement over to my superiors Musa and Wetkas.

“When I was handing over the statement, the defendant said he was surprised that he had written that much and that he felt he had given too much information.

“Because of the comment, I was worried I gave him the statement sheets one after the other for endorsement,’’ the witness said.

He said Mr. Metuh endorsed the first and second sheet, but tore the third sheet.

The witness told the court that the third sheet was where Mr. Metuh disclosed that he received the money for PDP political activities, settle his personal needs and made reference to former President Goodluck Jonathan.

“My lord, he suddenly tore the statement sheet into pieces, in great shock and surprise I stood up I asked him why he did what he did?

“He said he did that because he was no longer willing to give the information on that statement sheet.

“I then requested the pieces of the statement, he declined and attempted to put them in his pocket, I then cautioned him and told him to respect himself, he insisted that he was going to dispose the torn sheet.

“I persuaded him to handover the tore sheet and brought one plain paper before him, he poured the pieces on the plain sheet, my other colleagues were there looking at us in surprise as well.

“He furthered tore them into pieces, saying only in the movies would this be recovered.

“I poured the pieces in the commission’s transparent polythene bag for exhibit and made entry of the incident into the EFCC’s incident duty station diary as well as EFCC’s pocket notebook.

“Later, in the day he requested to make additional statement, which he made, wrote his name and signed but declined to make any other statement on the torn paper.’’

The EFCC’s incident duty station diary, EFCC’s pocket notebook and the tore pieces were tendered and admitted as exhibits.

Mr. Said admitted under cross examination by Onyechi Ikpeazu, Mr. Metuh’s counsel, that the issue of the torn sheet was not written in his statement.

Mr. Ikpeazu demanded for the witness statement, but the prosecuting counsel gave him a photocopy of the statement.

Mr. Tahir said the defendant should have served him with notice to produce the document.

Justice Bello said the matter could no longer proceed without the original copy of the witness statement.

“Documents must meet the status as required by the law, there must be a certified copy of your documents.

“It is a healthy practice to produce the documents in your custody, especially in a criminal trial,’’ the judge told EFCC before adjourning the case till March 16 for continuation.

(NAN)

Ex-President Jonathan named in statement ‘torn’ by Metuh — EFCC

Jonathan not needed to prove case against Metuh – EFCC

Eniola Akinkuotu and Ade Adesomoju

The Economic and Financial Crimes Commission has said it does not require former President Goodluck Jonathan as its witness in order to prove its money laundering case against the National Publicity Secretary of the Peoples Democratic Party, Mr. Olisa Metuh.

Olisah Metuh

The EFCC stated this in its response filed before Justice Okon Abang of a Federal High Court in Abuja to oppose the no-case submission by Metuh.

Metuh and his company, Destra Investments Limited, are being prosecuted by the EFCC on seven counts fraud.

The charges include allegations that he fraudulently received from the Office of the National Security Adviser in November, 2014 the sum of N400m meant for the procurement of arms and money laundering involving $2m cash transaction.

The prosecution alleged that part of the N400m was used by Metuh to fund the PDP’s presidential campaign for the 2015 election in which Jonathan was the party’s candidate.

After the prosecution closed its case, Metuh on February 18, sought and obtained the leave of court to file a no-case submission.

In the no-case submission, Metuh urged the court to discharge and acquit him on the grounds that the EFCC had made no case against him with the eight prosecution witnesses called and all the documents tendered.

Metuh, who filed the no-case submission through his lead counsel, Mr. Onyechi Ikpeazu (SAN), argued that the prosecution could never have been able to make any case against him without the EFCC calling Jonathan as a witness in view of the testimony by PW5 (fifth prosecution witness).

He argued that since PW5 (the Managing a Director of CMC Connect, Mr. Yomi Badejo-Okusanya), had testified that he made presentation on a media campaign proposal to Jonathan and for which money was paid from the N400m, the former President was a vital witness that ought to be called by the prosecution.

Justice Abang had fixed Thursday to entertain argument for and against the no-case submission.

Meanwhile, the EFCC, in its response, which it filed on Tuesday, urged the court to dismiss the no-case submission, insisting that Jonathan was not needed to prove its case.

It stated, “My Lord, in paragraphs 2.22 to 2.25, the defence also contends that the prosecution, through PW8 (EFCC’s investigative officer, Junaid Sa’id) failed to investigate the statement of the 1st defendant (Metuh) to the effect that presentation was made to Dr. Goodluck Jonathan and that the sum for the exercise was paid into the 2nd defendant’s account (Metuh’s firm, Destra).

“It is further contended that the former President, to whom the presentation was made for which the payment was made, is therefore a material and indispensable person in order for a prima facie case to be established.

“Learned senior counsel (Metuh’s lawyer) therefore alleged presumption of withholding of evidence by the prosecution.

“In response to the above argument my lord, we submit that nothing can be farther from the truth. The defence cannot pick and choose witnesses for the prosecution and as rightly pointed out by the defence, the prosecution is not required to call a host of witnesses or a particular witness in proof of its case.

“What the law requires the prosecution to do is to call material witness(es) in proof of its case.”

The anti-graft agency, through his lead prosecuting counsel, Mr. Sylvanus Tahir, urged the court to dismiss the no-case submission filed by Metuh and his firm and direct them to give an explanation to “the overwhelming oral and documentary evidence placed before the court by the prosecution.”

Insisting that a “prima facie case of money laundering has been established” against the accused, Tahir added, “Your Lordship is further urged to dismiss or discountenance the no-case submission and call upon the defendants to enter their defence.”

Concerning counts one and two, Tahir argued that the evidence led by the prosecution was uncontroverted “as it raises a prima facie case of taking possession and control of the stated sum (N400m) and therefore calls for an explanation by the defendants and this they can only do in their defence to the charge”.

On the other leg of the two counts, alleging that the N400m was part of proceeds of alleged corrupt act of the immediate past NSA, Col. Sambo Dasuki (retd.), Tahir asked whether it was not unlawful for the ex-NSA “to have, in breach of public trust reposed in him, misappropriated government funds in favour of the defendants, who on the evidence, had no contractual dealings with the ONSA”.

On count three in which Metuh and his firm were accused of retaining or concealing the sum of N400m, the EFCC argued that the accused “retained the sum of N400m on behalf of the PDP for its campaign activities by concealing the said sum in their Diamond Bank account.

It said Metuh ought to have known that the fund “directly represented the proceeds of an unlawful act” of the ex-NSA.

Concerning count four, Tahir stated that the prosecution had led evidence to show that the N400m was used for campaign activities of the PDP and other personal purposes.

On counts five and six relating to making cash transactions of a sum of $2m, far above the statutory threshold of N5m for individuals and N10m for corporate bodies, the anti-graft agency alleged that the accused violated Section 1 of the Money Laundering (Prohibition) Act 2011.

The EFCC stated, “The point to note in this transaction are the following, which are vital:

“The origin of the initial sum of $2m, which belongs to either of the defendants remained undocumented (which goes against the very essence of the Money Laundering (Prohibition) Act i.e. financing terrorism and disguising, concealment or laundering the origin of illicit funds.”

The anti-graft agency added, “All the above points my lord, go to show the length to which the defendants went to conceal the origin of the $2m.’’

Meanwhile, the EFCC said some Asian countries, especially China, are frustrating its anti-corruption efforts.

The Acting Chairman of the EFCC, Mr. Ibrahim Magu, said this on Tuesday in Abuja when the Association of Chief Audit Executives of Banks in Nigeria paid the commission a courtesy visit.

The representative from First Bank of Nigeria, Mr. Nelson Uduak, had earlier lamented that Japan and China were not helping Nigeria in the area of anti-fraud cases.

He said, “Some countries appear very difficult to operate in. There are some countries in which our banks have lost money. There are some fraudsters which we are able to trace but once the money gets to certain countries like Japan or China, you find out that there is no cooperation.

“If it is the United States, you can be sure to a large extent, that once you can identify the person (suspect), you will get cooperation; but there is no such cooperation in the Asian countries. We don’t know how you can help us.”

Magu, in his response, agreed that China had not been helpful in the anti-graft war.

He said, “The cooperation from the Chinese end has been very minimal, it is not encouraging. There is more collaboration from the US, the United Kingdom and Switzerland essentially through INTERPOL or government to government.”

Magu added that the EFCC was tracing a $2bn fund belonging to First Bank, which was transferred to London, but did not explain further.

The EFCC boss also urged bankers to assist in the fight against corruption as the commission could not do it alone.

“You are auditors while we are investigators; so, in a way, we are doing the same thing. We need to synergise, work together. We are all stakeholders and we are in a war. We also ask for your support,” he said.

The representative of Heritage Bank, Mr. Manny Ugbomah, urged the commission to give its personnel the permission to travel out of the country with bank representatives whenever they were carrying out trans-border investigations.

The Chinese embassy in Nigeria could not be reached for comment as its spokesman, Chen Pen, did not respond to calls and a message sent to his mobile on Tuesday.

The Japanese embassy could also not be reached for reaction as its Media Relations Officer, John Nwankwo, could not be reached on the telephone.

Jonathan not needed to prove case against Metuh – EFCC

Members didn"t expect Sheriff as Chairman - Metuh reveals

By Ehi Ekhator

The National Publicity Secretary of the Peoples Democratic Party (PDP), Chief Olisa Metuh has reacted to the grumbles by some members of the party concerning the decision to select Ali Modu Sheriff as its National Chairman.

Ali Modu Sheriff

While speaking with NAIJA CENTER NEWS on Sunday, Chief Metuh disclosed that PDP members didn’t expect Sheriff as the party Chairman since he didn’t signify interest in the position.

He said that he believes in the new chairman judging from his experiences in politics.

Metuh took a swipe on the opposition members who decided to make this about them and Boko Haram, wondering  how come Sheriff was not a member of the terrorist group, as alleged by some, when he was a member of the All Progressives Congress.

Metuh said “I think the choice of Ali Modu Sheriff was unexpected by some of our party people, and the first reaction we are seeing is the shock of surprise to the emergence being that he never declared interest in the contest. It is expected that people are a bit surprised at the turn of event.

“Haven’t said that, the basic thing is that the NEC committee has done its job. The constitution says a person will be elected from the North East zone, we have done that and everything was followed.

“The chairman has started well by saying he is going to reach out to other people in terms of reconciliation. He is starting well by saying he is going to look inward to make the party strong. Let the party members and the organs be much more united than they have ever been. These are good signs to mean that, because it is only when you are strong that you can get ready to face the competition outside.

Explaining why Sheriff selection is very important to the progress of the party, Metuh said ” We didn’t lose the election because our rivals brought something new. They didn’t bring something new, they didn’t bring a new candidate, a new set of people, they brought people with a lot of experience, and they brought a candidate who has lost election for four times.

Olisah Metuh

“What is needed now is practical politics. In terms of practicality, is he going to be effective, useful to the party? We ask that our members give the chairman time to settle down and bring out his own program for the party. He comes very experienced; he comes with a lot of political benefit and goodwill. He is a grass root politician. House of reps, three times elected senator, two times elected governor and wide network of contacts. Let us see how it goes.

“Alimodu Sheriff is not going to be the sole administrator of the party. He is going to be a national chairman with eleven other members of the National Working Committee. The NWC is going to work in hand with the Governor’s Forum, PDP leaders in the National Assembly, the Board of Trustee and other people to make sure we move this party ahead.

“Since we lost the election, we have done very well. We have won majority of the elections that was held since May 29. It means the leadership of the party is working well and Ali Modu Sheriff is joining that winning leadership of the party with his own experience, benefit and quality and together we will continue to build on it and make sure the party is built to face the challenges ahead”

Modu Sheriff selection has brought more gap between members of the opposition as many accused him of having links with the dreaded terrorist group, Boko Haram.

It was gathered that some members of the party are already withdrawing their memberships while the Governor of Ondo State, Olusegun Mimiko who is the Chairman of the PDP Governor Forum, has intervened by inviting ex-ministers of the former President, Goodluck Jonathan for a discussion.

A video also emerged on the social media where Goodluck JOnathan described Modu Sheriff as a friend of Boko Haram.

Explaining to NAIJA CENTER NEWS, the National Publicity Secretary quoted a statement credited to the new party Chairman that he is not a friend but an enemy to the terrorist group.

Metuh said Sheriff was the APC Chairman Board of Trustee and he led ANPP into joining forces with other parties that brought about APC, and then he was not a member of the sect.

He questioned the sincerity in the sudden realization that the new chairman is a member of the terrorist group whereas two weeks ago, the APC was celebrating his planned defection both on social and print media.

“What i can tell you is that the national chairman has made a statement on Tuesday in an interview where he disclosed that he never had any contact or accepted them; he reported them to the police several times. He is actually their enemy in the sense that they killed his blood brother, killed the state chairman of his party, killed the gubernatorial candidate of his party in 2011, and there was a time that Boko Haram outlawed him and chased him out of Borno.

“There is a point that he made that is very important. He said nobody called him Boko Haram when he was in APC as chairman of the Board of Trustee, nobody called him Boko Haram when he led the ANPP into joining APC, nobody called him Boko Haram when they found APC and was working with them but the moment he came to PDP, they started saying he is Boko Haram, now as Chairman they tag him Boko Haram.

“But two weeks before he was nominated as National Chairman, there was a rumour that he was joining APC and he was being well celebrated in the social and print media by APC people. Suddenly, less than two weeks later, he emerges as National Chairman of PDP and they remembered he is Boko Haram. I can’t speak for him but he is saying categorically that he is being sponsored by the enemy of his politics.

Metuh assured that the choice of Sheriff will not bring more division, adding that the Chairman will add value to the party.

“I don’t think it will bring division. There will be no division, he has come to join the winning team, he has a lot of value to add and he is not a minor in any means.” He said.

 

Members didn"t expect Sheriff as Chairman - Metuh reveals

Metuh bought N500m house, gave Kema Chikwe N5m – Witness

A detective with the Economic and Financial Crimes Commission, Junaid Sa’id, told a Federal High Court in Abuja on Tuesday that the $2m allegedly laundered by the spokesperson for the Peoples Democratic Party, Olisa Metuh, was part of the N10bn which the immediate past National Security Adviser, Col. Sambo Dasuki (retd.), released for the party’s presidential convention in 2014.

Olisah Metuh

The then President Goodluck Jonathan was adopted as the party’s sole candidate at the said convention.

Metuh and his company, Destra Investments Limited, are being prosecuted by the EFCC for allegedly receiving N400m in a fraudulent manner from the ONSA in November, 2014 and also on charges of money laundering of cash transaction involving $2m.

The EFCC had called as its first prosecution witness, Nneka Ararume, a former employee of Asset and Resource Management Company Limited, who narrated how Metuh handed her the $2m in $100 bills at his house in the Prince and Princess Estate, Abuja.

Sa’id testified as the eighth prosecution witness on Tuesday.

Under cross-examination by lead defence counsel, Onyechi Ikpeazu (SAN), Sa’id informed the court that Dasuki had withdrawn a sum of N10bn from the Central Bank of Nigeria and converted same to $47m.

He said the money was then given to aides of former President Jonathan for sharing to some PDP members.

Apart from the N400m paid directly to Metuh’s firm’s account from the ONSA’s account with the CBN, Sa’id testified that Metuh got the sum of $2m from the N10bn released by Dasuki.

The witness said under cross-examination, “In the course of investigation, it was revealed that the former NSA had withdrawn about N10bn from the CBN and converted same into dollars which amounted to around $47m.

“He gave the money to the then Aide de Camp to the then President and his Special Adviser, Domestic, to the then President, to share to some PDP party members for the PDP presidential convention.

“The $2m given by the 1st defendant to Nneka Ararume (first prosecution witness) was strongly linked to that disbursement of the $47m, which was converted in November, 2014 and shared out to some PDP members for its presidential convention.

“There is no document in respect of this transaction, because the money was shared in cash. The document is part of the charges being prepared against those involved. Investigation revealed that Ararume used to work with ARM Investment. During the course of this transaction, she worked with ARM Investment.”

Earlier in his evidence-in-chief, Sa’id, who was led by the lead prosecuting counsel, Mr. Sylvanus Tahir, gave details of how Metuh allegedly disbursed the N400m he received from the ONSA.

He said while Metuh retained N50m for himself, he gave part of the N400m to former Chairman of the Board of Trustees of the PDP, Tony Anenih; former Minster of Aviation, Kema Chikwe, among others.

The witness said, “Among the disbursements made were a total sum of N77.1m was paid to one Yomi Badejo Okusanya of CMC Connect to carry out campaign activities for the PDP.

“In similar vein, the sum of N25m was paid to Abbah Dabo to carry out campaign activities. Another N21,776,000 was paid to Chief Anthony Anenih; N5m was discovered to be paid to Chief Kema Chikwe,

“Another sum, N50m, was transferred to the joint account of the 1st defendant (Metuh) and his wife in the name of Olisa and Kanayo Metuh.”

He added that his investigation also revealed that “N500m was discovered to have been transferred to one Daniel Paul International Ltd. in two tranches of N200m and 300m for the purpose of purchasing a landed property at Banana Island in Lagos by the 1st defendant (Metuh).”

He also confirmed that Metuh used the money received from the NSA office for campaign activities of the PDP.

He said, “The interview and investigation carried out confirmed that money received by Badejo Okusanya of CMC Connect were used to carry out media campaign activities for the PDP on the instruction of the 1st defendant.

“In similar vein, the money received by Abbah Dabo was also used for media services for the PDP campaign. In the course of investigation, Alhaji Abbah Dabo, having learnt that the money he was paid came from the ONSA, then, refunded the money.

“Investigation revealed that N88.5m was transferred to Tiboro Nigeria Ltd., for the purpose of sourcing foreign exchange. It was able to only source 66,000 British pound, after which it returned the balance to Destra. The 66,000 pounds was paid into an account outside Nigeria as instructed by the first defendant.

“Investigation carried out by the commission with respect to funds paid out by the former NSA has led to two separate pending charges before the FCT High Court.”

The witness also narrated how Metuh allegedly tore part of the statement he made at the EFCC, while being interrogated.

Metuh was arraigned along with his company, Destra Investment Limited, on January 15 on seven counts of fraudulently receiving N400m from the NSA office in November 2014. He was also accused of laundering $2m cash.

The trial judge, Justice Abang adjourned till February 18.

Metuh bought N500m house, gave Kema Chikwe N5m – Witness

I returned Metuh’s N25m to EFCC, Sambo’s ex-aide tells court

A former Political Adviser to the ex-Vice-President, Namadi Sambo, Abba Dabo, on Thursday told a Federal High Court in Abuja that he returned to the Economic and Financial Crimes Commission the sum of N25m paid to him by the National Publicity Secretary of the Peoples Democratic Party, Olisa Metuh, for the party’s media publicity works.

Olisah Metuh

Dabo, who was testifying as the seventh prosecution witness against Metuh, said he returned the money on his own volition in January 2016 due to media publications indicating that it was sourced from funds meant for procurement of arms.

He said the N25m was paid to him through Metuh’s firm, Destra Investment Limited’s account, on December 16, 2014, five days after former President Goodluck Jonathan and Sambo emerged as the PDP’s presidential and vice-presidential candidates at the party’s nomination convention.

The witness, who is a past newspaper’s editor and a former Chief Press Secretary to ex-President Shehu Shagari, said he decided to return the money to the EFCC because he could not reach Metuh, who was then in the custody of the anti-graft agency.

The PDP chief said, “Unfortunately, there were reports in the media on this transaction with Chief Metuh linking it to controversial circumstances. I mean it was identified that Chief Metuh paid the N25m into my account through his company and that the source of the money was from the arms deal that was being discussed generally in the country.

“As a result of that publication, we thought we needed to explain, and because it was paid to my personal account , in my name, I decided to make a refund, and I paid it to the EFCC, because I couldn’t reach Mr. Metuh that particular time.

“The newspapers were awash with the story that linked the money given to me to the arms money that was said to have been diverted to other uses by the Office of the National Security Adviser. On my own volition, I decided that the best way out of the rigmarole was to pay back the amount. I paid it back to EFCC.”

The EFCC is prosecuting Metuh and Destra Investments Limited on seven counts of fraudulent collection of N400m from the Office of the National Security Adviser on November 22, 2014 and money laundering involving cash transaction to the tune of $2m.

The prosecution alleged that the N400m which Metuh got from the NSA office and used for the PDP’s campaign activities was “part of the proceeds of an unlawful activity” of the immediate past NSA, Col. Sambo Dasuki (retd.).

Dabo said on Thursday that with the N25m which he got from Metuh in the build-up to the 2015 presidential election, he helped to mitigate and counter negative media reports against the then Jonathan-led government and the PDP.

He said he used the money to run the Media Support System which he had set up to boost the PDP’s media profile in response to “vicious attacks” from Hausa radio stations and criticisms from the Nigerian media as well as the social media.

He said he also set up a team of facilitators and young Information Technology enthusiasts, who were active on the Internet to run a website, What’s Up Naija.

He added, “From the money we received from Chief Metuh, we paid salaries and allowances of facilitators, bought equipment and computers for the young people working on What’s Up Naija.

“We even paid that year’s rent for our office at 12B, Deb Street, Off Danube Street in Maitama, Abuja. We also used that office to monitor the election.”

Dabo, who described Metuh as “a loyal party man, dedicated, strong and outspoken person,” said he, however, chose to refund the money to the EFCC following media reports linking the money to the botched purchase of arms.

“I decided to refund the money not only because it was from the NSA Office, but also because it was linked to the botched arms purchase deal,” Dabo said.

But the trial judge, Justice Okon Abang, on Thursday upheld an objection raised by the defence to the admissibility of documents relating to the activities of the What’s Up Naija and Media Support System as well as the tenancy agreement for the office used by the campaign platforms.

The judge rejected the documents relating to the two campaign platforms because, being computer-generated, they did not meet the standard set out in Section 84(1) (a) to (c) of the Evidence Act, and the tenancy agreement because the prosecution failed to lay proper foundation as to why it tendered the photocopy instead of the original.

Under cross-examination by the defence counsel, Mr. Onyechi Ikpeazu (SAN), Dabo confirmed that he considered the refund of the money “absolutely important,” and that he made the refund to the EFCC through three bank drafts.

“I wrote a letter to the EFCC attaching three bank drafts with a cover letter acknowledging that Chief Olisa Metuh, the PDP National Publicity Secretary, gave N25m to me on December 16, 2014 for the purposes of publicity campaign which was done by Whats Up Naija and Media Support System,” he said.

He said he did not mention the refund in his statement made to the EFCC on January 6, 2016 “because I needed to go to the bank the next day to make necessary arrangement.”

Fielding more questions from Ikpeazu, the witness confirmed that he was at Metuh’s home in Gudu area of Abuja on the day he was arrested while trying to find out the source of the campaign money from him.

“Up till now, I have not have the chance of meeting with him,” the witness said.

He confirmed that former President Jonathan, the Federal Government and the PDP benefitted “immensely” from the media works Metuh engaged him for.

Metuh attended the proceedings from home on Thursday, without handcuffs and prison officials around him.

Thursday was his first court appearance after he met his bail conditions and was released from prison.

Decked in a black suit with a pair of eye glasses, his gray beards which were left to grow during his 13 days of detention, had been shaved clean.

Like the previous court sessions, a battery of women party faithful in the PDP-customised wrappers, relatives and friends, filled all available spaces in the court room.

After the court proceedings on Thursday, they surrounded and accompanied Metuh to a waiting Prado jeep which later drove him away.

Justice Abang adjourned till Monday for further trial.

I returned Metuh’s N25m to EFCC, Sambo’s ex-aide tells court

$2.1bn Arms Fund: What Metuh allegedly wrong on torn confessional statement - EFCC

Details have emerged about what the National Publicity Secretary of the Peoples Democratic Party, Olisa Metuh, allegedly wrote in the torn statement which he made under caution while in the custody of the Economic and Financial Crimes Commission on January 5.

Olisah Metuh

The statements of the operatives who were said to have witnessed the incident and the “incidence record book” which gives details of the occurrence were part of the documents filed along with the charges of destruction of evidence preferred against him by the EFCC before a Federal Capital Territory High Court in Abuja.

The court papers obtained by our correspondent on Sunday indicate that five operatives of the commission witnessed the incident which was said to have happened on January 5, 2016, the day the PDP spokesperson was arrested.

Metuh allegedly tore his statement on January 5, 2016 while being investigated for an alleged fraudulent receipt of N400m from the Office of the National Security Adviser and money laundering allegation involving a separate sum of $2m.

The court documents indicate that the pieces of the torn statement have been kept with the commission’s exhibit keeper.

The entry number 049 in the incident duty log which was recorded at 4.30pm by an EFCC detective, Junaid Sa’id, on January 5, 2016, reads, “Destruction OF Written Statement: I have booked the incident of tearing into pieces of statement by Mr. Olisa Metuh, who was given his statement to endorse after volunteering his statement and he decided to tear into pieces the third page of his four-page statement.

“The torn statement has however been registered with the Exhibit Keeper. Entry made by Det. Junaid Sa’id.”

The document gives the timeline and details of how Metuh’s arrest was effected at about 10.55am in his residence at Prince and Princess Estate in Gudu, Abuja, on January 5, up till when he allegedly tore part of the statement at about.4.25pm on the same day.

It also indicates that Metuh had stated in the part of the torn statement that the account in which the N400m was paid was requested for by former President Goodluck Jonathan, for payments to be made to settle some debts owed by the PDP.

It reads in part, “12.30 hours: Mr. Metuh Olisa began to volunteer his statement under words of caution.

“15.30 hours: Mr. Metuh Olisa concluded his statement which was of four pages. I passed the statements to the team leader, CSP Ibrahim Musa, to read over and endorse accordingly but in the process of reading and after endorsing pages one and two, he swiftly tore into pieces page three of his statement which read that former President Jonathan had asked him to make available, account details owed by his party, the Peoples Democratic Party, and the debts owed him personally and some media houses.

“He further stated that he gave the account details of Destra Investments Ltd. to the President and thereafter he received the payment of N400m into his company’s accounts which he used for specific assignments given to him by the President of which he was not willing to disclose for what purpose.

“I thereafter refused to give him page four of his statement for endorsement because I did not want him to tear it as well. This incidence (sic) happened in the presence of the following officers: Mr. Ibrahim Musa, Mr. Wetkas Michael, Mr. Bello Umar, Ms. Ibrahim, who were all carrying out their various assignments.

“16.30 hours: The torn page of the statement which is in pieces was registered with the exhibit keeper and the incident recorded in the incidence record book of the commission.”

$2.1bn Arms Fund: What Metuh allegedly wrong on torn confessional statement - EFCC

PDP ready to regain power in 2019 - Metuh

*Seeks technical assistance to deepen democracy in Nigeria

By Henry Umoru

TWENTY-four hours after his release from Kuje Prison, the National Publicity Secretary of the Peoples Democratic Party, PDP, Chief Olisa Metuh, is talking loud again.

Olisah Metuh

Metuh said yesterday that the party has since overcome the initial trauma that accompanied the electoral setback of the 2015 general elections.

According to Metuh, PDP was now poised to regain power at the center in 2019.

Olisa Metuh spoke yesterday at his Abuja residence at a meeting of the party’s Publicity Directorate with some visiting parliamentarians from the United Kingdom, led by Rt. Hon. Mark Field, member of Parliament and Chairman of International Office of the Conservative Party, and Colin Bloom, Director of Outreach-BCP. He spoke shortly twenty-four hours after his release from Kuje Prison. It would be recalled that officials of the Economic and Financial Crimes Commission, EFCC on Tuesday, January 5, 2016 quizzed Olisa Metuh and his stay in prison started.

Metuh was with the EFCC until he was charged to court on Friday, January 15 and was remanded in Kuje Prison where he was until the Court granted him bail on Thursday, January, 28, 2016.

Speaking further yesterday, Metuh said the recent variance of voices from its members was as a result of the party’s foundation of liberal democracy, which he described as a mark of strength, adding that the party has adequate internal mechanisms to resolve all issues within its fold.

According to a statement by his Special Assistant, Richard Ihediwa, Metuh told the visitors that the PDP faced serious challenges soon after it lost in the elections, culminating in the resignation of its National Chairman, a development that created some challenges within the party, but assured that every issue would be resolved by the party leadership by next week.

In his remarks, Rt. Hon. Mark Field advised the party to ensure that it does not trash its brand in the face of challenges.

He noted that while it is common for some party members to demand the removal of leaders after electoral defeat, care must be taken not to jeopardize institutional memory in the party.

“Never trash your brand no matter whatever the government of the day is saying about you”, he admonished the PDP.

The interaction was attended by PDP publicity staff, social media operatives of the party and officials of the International Republican Institute (IRI), who facilitated the visit.

PDP ready to regain power in 2019 - Metuh

Metuh paid N77.5m for Jonathan’s media campaign, says Witness

Metuh regains freedom

Court admits payment vouchers into evidence

Adjourns trial till Feb 4

By Ikechukwu Nnochiri

ABUJA— More revelations emerged, yesterday, on how the embattled National Publicity Secretary of Peoples Democratic Party, PDP, Chief Olisa Metuh, spent part of the N400 million he received from the erstwhile National Security Adviser, NSA, Col. Sambo Dasuki, (retd).

Metuh regains freedom

Olisah Metuh

Meanwhile, Chief Metuh has regained his freedom, having met his bail conditions as stipulated by a Federal High Court, in Abuja.

Metuh was arrested and detained by operatives of the Economic and Financial Crimes Commission (EFCC) on allegations of diversion of security funds and money laundering.

At the resumed hearing on the matter, yesterday, a witness brought by the Economic and Financial Crimes Commission, EFCC, Mr. Yomi Badejo-Okusanya, told the Federal High Court sitting in Abuja that the PDP spokesman used N77.5 million to sponsor media campaigns for the re-election of ex-President Goodluck Jonathan.

Badejo-Okusanya told the court that he was the Managing Director of CMC Connect, a public relations agency he said handled media consultancy jobs for the PDP, prior to the 2015 general elections.

The witness, who testified as the fifth prosecution witness, PW-5, said the N77.5 million was paid to the PR firm through the bank account of Metuh’s company, Destra Investment Limited, which is the second defendant before the court.

Insisting that the fund was released for the agency to ‘launder the image’ of ex-President Jonathan to the electorate, the witness told the court that CMC Connect used the bulk of it to pay for advertorials in four television stations.

Payment vouchers

The EFCC, through the witness, tendered into evidence vouchers addressed to Destra Investment Limited for payment by CMC Connect to African Independent Television, AIT; Nigerian Television Authority, NTA; Channels TV; and Silverbird Television, STV.

Badejo-Okusanya told the court that before his firm was hired, Metuh helped him to get audience with ex-President Jonathan, who he said gave his approval after listening to his presentation.

He said:  “When Metuh became National Publicity Secretary of the PDP, I met with him, and he said he liked the work we did for the party in the past, but unfortunately that the party did not have money to pay us to continue with the work.

“He promised to compensate us whenever an opportunity arose. This was in 2012. Early November 2014, I got a call from him and he asked me where I was. I told him I was in Lagos. He said he wanted me to come to Abuja to attend a meeting.

“When I arrived in Abuja and met him at his house, he drove me to the Presidential Villa where we met a meeting in progress. At the meeting was former President Goodluck Jonathan; his Deputy, Namadi Sambo; former PDP chairman, Adamu Mu’azu; former Senate President, David Mark; Reuben Abati, Alkali Rufai and Doyin Okupe.

“Although, the meeting was in progress, I was able to pick that it had to do with how to win the 2015 presidential election.

“In the course of the meeting, Metuh introduced me as the communication consultant that worked for the party before. He then asked me to speak. I proceeded to speak what I considered very frankly with the President.

“I felt it was very important to let him know the critical things he had to do to get the nation right. He asked me a couple of questions himself, and I specifically remembered telling him that there was a disconnect between his government and the people.

“He took everything in good faith and asked us to go. The next evening, Metuh called me and said that it seemed like I made an impression on the President. He asked me to coordinate the media campaign plan for the PDP presidential election.

“So, we set about the work with a plan. I was meeting Metuh severally  on the ideas we had on how we could position the party in the minds of Nigerians.

First payment

“We got the first payment from him on December 1, 2014 which was N7.5 million, a cheque he issued in my name and I transferred the money to my company’s account. This cheque was from Destra Investment Limited.

“On December 15, 2015,  he did a transfer from Destra Investment Limited of N70 million to our company. By middle of December we had started the work.

“The first batch of work we did was to get Nigerians to appreciate the role of the military in the fight against Boko Haram. We also made advert placements in newspapers, radio and television.”

Nothing unusual about the transaction

However, while being cross-examined by Metuh’s lawyer, Dr. Onyechi Ikpeazu, SAN, Ogunsanya, who maintained that he had been in the PR job for the past 27 years, told the court that there was nothing unusual about his transaction with the defendants.

He said his firm, in line with the terms of the contract, monitored media contents on daily basis and reported to the PDP any publication that concerned the party, until the 2015 general election took place.

The witness said his agency would have terminated the contract if it had perceived any wrongdoing.

Other documents the court admitted into evidence, yesterday included bundle of documents with various newspaper publications.

Meanwhile, the EFCC also produced a Bureau de Change operator, Mr. Kabiru Ibrahim, who helped Metuh to change $1 million to its Naira equivalent, and transferred same to his company’s account, to testify before the court, yesterday.

Ibrahim told the court that it was the PW-1, Nneka Ararume, that sold the $1 million to him sometime in December 2014, and asked him to transfer the Naira equivalent which amounted to N183 million to the account of Destra Investment Limited.

The witness, who was led in evidence by the prosecuting counsel, Mr, Sylvanus Tahir, insisted that there was no limit to the amount of dollars he could buy or sell, saying he did not transact the business with Metuh but with Nneka who he said gave him the account number of the 2nd defendant.

However, Justice Okon Abang adjourned further hearing on the case till next  Thursday.

Metuh paid N77.5m for Jonathan’s media campaign, says Witness

Metuh’s firm among 78 paid for doing nothing – NSA’s office

An official of the Office of the National Security Adviser, Mr. Bali Ndam, on Tuesday narrated to a Federal High Court in Abuja the processes leading to the charges of money laundering and fraudulent receipt of the sum of N400m from the ONSA in November 2014, preferred against the National Publicity Secretary of the Peoples Democratic Party, Chief Olisa Metuh.

Olisa Metuh in Court

Ndam, a Legal Adviser at the ONSA, who appeared before Justice Okon Abang as the third prosecution witness for the Economic and Financial Crimes Commission on Tuesday, said the incumbent NSA, Maj.-Gen. Babagana Monguno, sent a petition dated November 28, 2015 to the commission over “payment of contracts without award”.

Led in evidence by the prosecuting counsel, Mr. Sylvanus Tahir, the witness said “a list of companies and individuals about 78 in number” was attached to the NSA’s petition to the EFCC.

He said he could “vividly remember” that Metuh’s firm, Destra Investments Limited, with whom the PDP spokesperson is standing trial, was among the 78 beneficiaries of the allegedly ‎fraudulent payment.

But an attempt by the prosecution to tender the petition and other documents, including the electronic mandate issued by the ONSA to the Controller of the Abuja branch of the Central Bank of Nigeria for payments in favour of the 78 beneficiaries, was opposed by the defence counsel, Mr. Onyechi Ikpeazu (SAN).

The judge is currently writing his bench ruling on the objection raised by the defence against the admisibility of the documents.

Metuh, who has a pending application for variation of the conditions of bail granted him by the court was also produced in court on handcuffs by prison officials on Tuesday.

The court has fixed tomorrow, Wednesday for the hearing of the application for variation of the bail terms, which his lawyer said he had laboured unsuccessfully to meet.

The EFCC is prosecuting  Metuh and his company, Destra Investments Limited, on seven counts of money laundering and fraudulent receipt of N400m meant for procurement of arms from from the Office of the NSA on November 22, 2014, and used the funds for the PDP’s campaign activities.

The prosecution alleged that the N400m from which Metuh was said to have given about N21m to a former Chairman, Board of Trustee of the PDP, Chief Tony Anenih, was “part of the proceeds of an unlawful activity” of the immediate past NSA, Col. Sambo Dasuki (retd).

The prosecution, led by Mr. Sylvanus Tahir, opened its case on Monday by calling two witnesses – an employee of a financial services firm, Asset and Resource Management Company Limited, Nneka Ararume, and a bureau de change operator, Sie Iyenome.

While Ararume testified on how she received a $2m cash from Metuh at his home in Abuja on December 2, 2014, Iyenome narrated to the court his role in converting the sum $1m part of the total sum of $2m

Metuh’s firm among 78 paid for doing nothing – NSA’s office

How we helped Metuh transfer $2m to company account - Witness

ABUJA—Star witness of the Economic and Financial Crimes Commission, EFCC, Nneka Ararume, yesterday, narrated before the Federal High Court sitting in Abuja how she helped the embattled National Publicity Secretary of the Peoples Democratic Party, PDP, Chief Olisa Metuh, to transfer $2 million into his company’s account.

Olisa Metuh in Court

The witness, who testified as PW-1, told the court that she is a Wealth Manager at Assets & Resources Management, ARM, a company that hitherto managed the asset portfolio of Metuh’s firm, Destra Investments Limited.

EFCC had cited both Metuh and his firm as the 1st and 2nd defendants in the seven-count charge bordering on alleged N400million fraud.

The anti-graft agency alleged that the PDP spokesman had in November 2014, received N400million from erstwhile National Security Adviser, NSA, Col. Sambo Dasuki (retd).

The fund, which was withdrawn from an account the office of the NSA operated with the Central Bank of Nigeria, CBN, was allegedly transferred to Metuh through account no.  0040437573, which Destra Investments Limited operated with Diamond Bank Plc.

EFCC insisted that whereas the fund was earmarked for campaign activities of the PDP, Metuh diverted most of it to his personal use.

It alleged that Metuh converted part of the money to one million US Dollars which he used for his personal businesses.

Besides, Metuh was alleged to have transferred the sum of N21.7m to another chieftain of the PDP, Chief Tony Anenih.

In her testimony, yesterday, PW-1, Nneka, whose company specialised in management of equities, fixed income instruments and real estate, told the court that she received the $2m from Metuh at his residence in Abuja.

She said the money was eventually changed to its Naira equivalent through two Bureaux de Change, BDC, operators.

The witness said: “In early December 2014, the 1st defendant, Metuh, called me to bring report regarding portfolio of ARM.

“When I got to his house at Prince and Princess Estate, there were visitors in the living room, so I went to his home office and we discussed the portfolio.

“Thereafter, he gave me the sum of $2m in $100 bills. It was taken to bureaux de change operators who would then transfer the money to ARM. From there, I proceeded to Mr. Sie Iyenome’s office at Wuse 2 where I gave him the sum of $1m.

“I also invited Mr. Kabir Mohammed and gave him the sum of $1m to transfer the Naira equivalent in favour of Destra Investment Limited. Later on the same day, December 2, 2014, Messrs Kabir and Sie Iyenome confirmed the receipt. The $2m was in cash.”

The witness maintained that ARM was a duly registered organization that deals in funds of its clients, saying the business the firm had with Metuh and the BDC operators was based on trust.

Earlier, the court refused application by Metuh’s lawyer, Dr. Onyechi Ikpeazu, SAN, for the matter to be adjourned till a later date to enable him gather documents, including the bank account details of his client, which he said would aid him to properly cross-examine the witness.

In a bench ruling, yesterday, Justice Okon Abang agreed with the EFCC lawyer, Mr. Sylvanus Tahir, that all the documents were duly front-loaded by the prosecution in the proof of evidence before the court.

“This court is a court of summary trial. It is for the defendant to ask the witness questions based on her evidence, unless it does not have questions for her.

“The defendant has been accorded all the privileges stipulated in Section 36(6) of the 1999 Constitution. He has been given all the facilities to prepare his defence,” he said.

Justice Abang said the court should not be blamed if Metuh was not able to meet his bail conditions.

My role in Metuh’s money transfer — Witness

Meanwhile, one of the BDC operators that helped Metuh to change the $2m, Mr. Sie Iyenome, also testified before the court yesterday. Iyenome told the court that though he did not have any personal dealings with Metuh; he had transactions with his company, Destra Investment Limited, through the PW-1.

He said: “My lord on  December 2, Nneka Ararume called me that she has $1m dollars to sell. I asked her who is selling and she told me that it was her client at ARM. At that time, she did not disclose her client’s identity to me. We then agreed on a rate, N183 per dollar. I called in Capital Investment & Trustees, which also runs a BDC and they said they were interested and paid for $500, 000.

“The second $500, 000 was sold to Etionye, another BDC operator and he paid N92m into Destra’s account.

“The first transaction which was in tranches, amounted to N91m, while the second one was N92m. The whole transaction totalled N183m. Typically, the lower currency which is the Naira, will be paid first to the beneficiary’s account. After Nneka confirmed the receipt of the N183m, she brought the equivalent which is $1m.

“She brought it in cash; I then passed it to Capital Field Investment & Trustees. The role I played was that of a broker.”

Asked under re-examination if he was aware of the forex laws in Nigeria, the witness said: ‘Yes, my lord. I am aware of the law which says that we should sell a total amount of $4,000 for individuals travelling outside and $5,000 for business people”.

Justice Abang adjourned further hearing on the matter till today. The  anti-graft agency had earlier informed the court that it had lined up 18 witnesses to testify against Metuh and his firm during the trial.

Among those to testify in the case are representatives of the Office of the NSA, representatives of Diamond Bank, Access Bank, Sterling Bank, First Bank, Heritage Bank, Nneka Nicole Ararume, Alhaji Abba Dabo, Mallam Kabiru Ibrahim, Olayinka Badejo-Okusanya of CMC Connect, Ahmadu Umar of Kwalaye Investment Limited, Theophilus Musa of Capital Fields Investment and six EFCC investigators.

Metuh begs court to vary bail conditions

Meanwhile, Metuh, yesterday, begged the court to vary his bail conditions, saying he could not meet the conditions which he said were too stringent. However, the court deferred hearing of the application after EFCC lawyer, who said it was only served on him yesterday, applied for time to file his response.

The court had on January 19, granted Metuh bail to the tune of N400m and directed him to produce two sureties who must deposit N200m each. Justice Abang stressed that the sureties must not only be residents in Abuja, but also own landed properties within the Maitama district of the FCT. The sureties are to submit the Certificate of Occupancy of the properties to the Chief Registrar of the court for verification, as well as submit their three years tax clearance.

According to the court, the sureties must swear to an affidavit of means and also submit two recent passport photographs.

How we helped Metuh transfer $2m to company account - Witness