The Federal High Court, Abuja, on Thursday reserved ruling till March 9 on a no-case-submission filed by Olisa Metuh, the National Publicity Secretary of the Peoples Democratic Party (PDP).
Mr. Metuh filed a no-case-submission in the alleged Money Laundering charges brought by the Economic and Financial Crimes Commission (EFCC).
The judge, Okon Abang, reserved the date after counsel to the parties adopted their written addresses.
Mr. Abang said that the court’s mandate to either give ruling or deliver judgment on the motion would depend on the merit of the submissions.
“In the circumstance, the court can only rule if the motion fails and if the motion succeeds the court can only deliver judgment,’’ He said.
He said if the motion failed, the defendants would open their cases. Defendants would be acquitted if the case succeeded, however, he advised.
He adjourned till March 9.
Earlier, Onyechi Ikeazu (SAN), counsel to Mr. Metuh and Destra Investment Limited, argued that the motion became necessary as no prima facie was established against Mr. Metuh and his company by the prosecution.
Mr. Ikpeazu further argued that the prosecution did not establish the essential elements of the offences brought against his clients.
“My Lord, this situation renders the case against my clients manifestly unreliable,’’ he said.
On his part, however, Sylvanus Tahir, the prosecuting counsel, said the prosecution had provided essential oral and documentary evidence to warrant the defendants open their defences.
“We want Metuh to explain the alleged role he played in the illegal diversion of N400 million meant for the procurement of arms.
“My Lord, the EFCC by preponderance of evidence, establishes that about $2.1billion meant for the procurement of arms was diverted by retired Col. Sambo Dasuki.
“Metuh, through his company, Destra Investment Limited, was alleged to have pocketed N400 million out of that funds,’’ he said.
Mr. Tahir further said, “the fund was alleged to have been electronically wired from an account of the Office of the National Security Adviser to Metuh’s Diamond Bank account no. 0040437573.’’