*Fixes March 17 to open his defence

By Ikechukwu Nnochiri

Okon Abang of the Federal High Court sitting in Abuja, on Wednesday, held that the embattled National Publicity Secretary of the Peoples Democratic Party, PDP, Chief Olisa Metuh, has   a case to answer over the alleged role he played in the illegal diversion of funds meant for the procurement of arms.

Justice Abang took the position after he dismissed the no-case submission the defendant made through his team of lawyers led by Dr. Onyechi Ikpeazu, SAN.

METUH

The court said it was satisfied that there was a prima-facie nexus linking the defendant and his company, Destra Investment Limited, to N400million that was transferred from an account the Office of the National Security Adviser, ONSA, operated with the Central Bank of Nigeria, CBN, on the order of the erstwhile NSA, Col. Sambo Dasuki, retd.

Justice Abang further noted that Metuh had in a statement he made before the Economic and Financial Crimes Commission, EFCC, admitted that he was the sole signatory to the account where the fund was lodged in.

“There are several questions that only the defendant can answer. He admitted knowledge of the fact that on November 24, 2014, the sum on N400 million was transferred to his company’s account with Diamond Bank Plc.

“Did the 1st defendant enquire from the bank the source of the money? If he did, what was the response of the bank? It is only the defendant that can answer the question.

“If he did not enquire from the bank, did he report the matter to the EFCC or the Police? If he did not inform the police about the cash inflow into his company’s account, why did he fail to do so?

“Why did he disburse the fund PW6 and 7, and also to Chief Tony Anenih? It is my view that only when the 1st defendant answers the   questions, that it will be clear if he knew that the transfer of the N400m formed part of illegal proceeds of crime by the former NSA.

“I have only heard from the prosecution and I am satisfied that a prima-facie case has been made out against the defendant.

“There is urgent need for the 1st defendant to tell the court whether indeed he gave $2m to the PW-1 (Nneka Ararume) to convert to Naira equivalent and also the origin of these funds.

“It is my position that the defendant cannot be charged for money laundering if the source of the funds are legitimate”, Justice Abang added.

He noted that one of the witnesses had insisted that the $2 million was linked to $47 million that was withdrawn from the CBN by Dasuki and handed over to the Aide-de-camp to former President Goodluck Jonathan to share to PDP chieftains that participated in a convention the party held on November 27, 2014.

“The no-case submission lacks merit and same is accordingly dismissed. The defendant is to enter his defence today,” the court ruled.

EFCC had in a seven-count charge it preferred against Metuh and his firm, alleged that the N400m was part of about $2.1billion that was originally earmarked for the purchase of arms to prosecute the war against insurgency in the country.

It said the fund was electronically wired from an account the Office of the NSA operated with the CBN, to Metuh, through account no. 0040437573, which his firm operated with Diamond Bank Plc.

Meanwhile, the court has fixed March 17 for Metuh to open his defence.