Justice Okon Abang of the Federal High Court sitting in Maitama, Abuja has adjourned to Tuesday, July 3, 2018 for ruling on an application by the embattled former National Publicity Secretary of the Peoplesโ Democratic Party, PDP, Olisa Metuh, seeking to set aside an order of the Court, foreclosing defence on his N400million fraud trial.
The matter which was slated for the opening of the defense of second defendant, Destra Investment Limited, stalled when counsel to the first defendant, Onyeachi Ikpeazu, SAN, applied to withdraw a previous application made on June 6, 2018 and move the current application dated June 12, 2018.
Justice Abang struck out the application of first defendant to withdraw his June 6, 2018 application, stating that no reason was given for its withdrawal. .
Regarding whether or not the Court will hear the application of the first defendant dated June 12, 2018, Justice Abang ruled, โThe first defendantโs application seeking leave to appeal the courtโs interlocutory decision of May 25, 2018 in a criminal matter is not ripe and fit for hearing today.โ
โThe Court cannot stay compliance of the first order of court directing defendant to open his defence. The application does not take precedence over the order of court. It may only be convenient for the court to take argument on the application today. The issue of second defendantโs opening defence may be revisited afterwards,โ the trial judge continued.
Thereafter, counsel to the first defendant, Onyeachi Ikpeazu, SAN, presented arguments on the application which is dated June 12, 2018 and filed on June 13, 2018.
According to Ikpeazu, โWe have set out the law on which the application is founded, Sections 66(b) and 13 of 1999 Constitution of the Federal Republic of Nigeria, as amended, and Sections 256 and 356 of Administration of Criminal Justice Act, 2015, with 13 grounds in support of the application.โ
