By Ayorinde Oluokun/Abuja
Justice Okon Abang of Federal High Court, Abuja division on Wednesday dismissed fresh moves by Chief Olisa Metuh, the Peoples Democratic Party, PDP National Publicity Secretary to stall his trial.
Metuh is being prosecuted by the Economic and Financial on a seven count charge of corruption and criminal breach of trust.
Tochukwu Onwugbufor, Counsel to the second defendant in the trial, Destra Investment, a company owned and controlled by Metuh had at the resumption of trial informed the court that he had filed an application challenging the juridisction of the court to hear the count one and two of the charges against his client.
He urged the court to hear the application first before proceeding with the trial.
“There was a matter contained in charge one and two which was not mentioned in section 251(1) of 1999 Constitution and that matter is contract award. The issue of whether you award a contract is not mentioned in the constitution. The Court is bound to determine the issue of jurisdiction one way or the other to proceed,” he urged.
He also dismissed the argument of the prosecution counsel that such objections, according to section 396(2) of Administration of Criminal Justice Act, ACJA can only be heard and determined at the end of trial along with the substantive case. The lawyer also argued that the Constitution is superior to any other constitution, including the ACJA.
He argued that the provision only related to when the complaint is that the charge is imperfect.
“Our objection is on juridisction and not on an imperfect charge,” said Onwgbufor who was supported by counsel Onyeachi Ikpeazu, counsel to the first defendant.
However in his ruling, Justice Abang noted that the trial was adjourned at the instance of the second defendant for cross examination of the second defence witness.
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