The Supreme Court has affirmed the Court of Appeal’s decision to dismiss a no-case file submitted by Olisa Metuh.
Metuh, a former Publicity Secretary of the People’s Democratic Party, PDP was arrested and charged to court by the Economic and Financial Crimes Commission, EFCC for collecting a sum of N400million from Sambo Dasuki. Metuh was subsequently charged to court while he filed an appeal through his company, Destra Investments Limited.
Justice Ejembi Eko held that the appeal was incompetent for the appellants’ failure to obtain a leave of the court as clearly specified in section 233(2) of the 1999 constitution before filing the notice of appeals.
This section of the Constitution compels a would-be appellant to seek leave of the court when filing an appeal against an unconvincing decision, on the grounds of mixed law and fact.
“The appellants have failed to adhere to this portion of the constitution,” he said.
“Therefore, we have no reason not to affirm the May 25, 2016, judgment of the Court of Appeal in Abuja. This consolidated appeal is hereby dismissed for being incompetent.”
The court of appeal had earlier dismissed the appeal for incompetence, thereby upholding the March 9, 2016, ruling of the trial court flagging off the appellants’ no-case submission.
Metuh, who had sought for an adjournment due to ill health as he continued his defence at the federal high court, Abuja, was on February 5 brought to court on a stretcher in a dramatic affair.
Justice Okon Abang had adjourned Metuh’s trial until March 14, on the grounds of his ill health after the court had initially rejected Metuh’s application for adjournment.
