Court Rejects Metuh’s Medical Report, Threatens Revocation of Bail
Justice Okon Abang of the Federal High Court in Abuja yesterday rejected a medical certificate attesting to the admission of the former National Publicity Secretary of the Peoples Democratic Party (PDP), Olisa Metuh in a teaching hospital.
Abang consequently ordered that the defendant must appear in court on February 5 and 6, the next adjourned date, or risk arrest and committal to prison.
The judge gave the order in a ruling on an application by the prosecution counsel, Sylvanus Tahir, seeking revocation of Metuh’s bail on the grounds that he has failed on two consecutive occasions to attend his trial.
The Economic and Financial Crimes Commission (EFCC) had predicated its application on a purported medical report written by the Nnamdi Azikiwe University Teaching Hospital Nnewi indicating that Metuh was on admission.
Metuh’s counsel, Onyechi Ikpeazu (SAN), by the said letter written by Dr. O.C Ekweogwu, on behalf of the university, dated January 21, 2018, was seeking an adjournment to enable Metuh attend to his ill health.
However, Justice Abang in his ruling agreed with the prosecution counsel that the “purported medical report is a trash, a useless paper only dumped on the court that is meant for a trash bin.”
According to Abang, the letter was strategically aimed at delaying the trial, adding that it was designed as a subtle way of staying proceedings in the ongoing trial.
Justice Abang noted that the said letter was fraudulently smuggled into the court’s record by a person unknown to the court with the intent to mislead the court.
“The person who submitted that letter must be known to the court, in this instant case, he is unknown.
“The court of law cannot rely on a public document tendered by a none party in a suit; it has no charge number and violated the three ways by which a public document can be submitted before a court.
“More so, the court observed that the said letter was not accompanied by a verifiable affidavit, and expressed surprise that counsel to the 1st and 2nd defendants could not see anything wrong with the letter,” he said.
The judge while describing the letter as appalling, added that the medical report was also full of medical terms that could not make meaning to the court.
He therefore rejected the purported medical report.
In view of Metuh’s absence from trial, the court held unequivocally that the EFCC’s application seeking revocation of the defendant’s bail, “deserves to succeed”.
The court held that though the prosecution did not request for Metuh’s arrest, however, it is his view that fact of arrest of the 1st defendant is inherent in revocation of the bail.
“Arrest is a consequential order. If the 1st defendant’s bail is revoked, he will be arrested. The outcome of his response when he appears in court shall determine whether or not to put him in prison, the court held.
“The fact that the prosecution did not hinge his application for revocation of bail on Section 169 of Administration of Criminal Justice Act, 2015 is not fatal.
More so, the court said it was not inclined to try Metuh in absentia because Section 266 of ACJA provides that a defendant in a criminal matter must attend trial.
He also refused the application of Metuh seeking an adjournment on health grounds.
“This court shall henceforth not accept any other medical report issued by any Medical Doctor in Nigeria until the trial is concluded,” Justice Abang ordered.
However, the court having considered the passionate plea of 1st and 2nd defendants counsel, suspended the revocation order.
“I hereby suspend my decision revoking the bail. It is expected that the defendant will turn to a new leaf, show compulsion and attend his trial on February 5 and 6.
“If he fails to appear in court on these dates fixed for continuation of his trial, his bail shall be revoked and he will be remanded in prison custody,” the court held.