Justice Okon Abang of the Federal High Court sitting in Maitama, Abuja on Friday, May 25, 2018 closed the defence of a former National Publicity of the Peoples Democratic Party, PDP, Olisa Metuh, “for want of diligent prosecution.”
The order was made following an application by Silvanus Tahir, counsel to the Economic and Financial Crimes Commission, EFCC, urging the court to close Metuh’s defence following the absence of the defendant and his legal team in court without lawful order.
Tahir, in his application wanted the court to note that, “the 1st defendant and his counsels headed by Onyeachi Ikpeazu, SAN and Emeka Etiaba, SAN, at every turn are deliberately employing tactics aimed at frustrating the trial.
While showing a sort of understanding on the absence of the Metuh because “he’s being tried in absentia”, Tahir expressed displeasure on the absence of counsel to 1st defendant “without prior notice to the parties involved or the court”.
Relying on Section 349 (8), ACJA, 2015, Tahir argued that “disengagement or sack notice must be given to the court and other parties not less 3 days”.
He added that “the action of the counsels was willful and deliberate to frustrate proceedings and hold the court to ransom” and urged the court to proceed with the matter.
“Despite the sea of lawyers who has always appeared for Metuh in this matter, it is surprising that no legal representation is around today.
Section 349 (8) ACJA stipulates a notice of disengagement or sack notice must be given to court and other parties not less than 3 days.
The action of the defendant is willful and a deliberate attempt to scuttle the matter. I urge your Lordship that the proceeding should continue”, Tahir submitted.
