No stay of proceedings in Saraki’s, Dasuki’s, Metuh’s trials – A’ court
The Court of Appeal in Abuja declared Monday that will not entertain motions for stay of proceedings in the cases involving Senate President, Abubakar Bukola Saraki, ex-National Security Adviser (NSA), Mohammed Sambo Dasuki and Spokesman of the Peoples Democratic Party (PDP), Olisa Metuh.
A three-man panel of the appellate court, presided over by Justice Abdul Aboki handed down the declaration at the mention of the appeals by Saraki, Dasuki and Metuh.
Justice Aboki said; at the mention of Metuh’s appeal that: “We have decided that we will not hear motion for stay of proceedings. You should go back to the court to argue your application before the court and pursue your appeal before us.”
Effort by Metuh’s lawyer, Onyechi Ikpeazu (SAN) to persuade the court to reverse itself failed. Ikpeazu prayed to be allowed to convince the court on the merit of the motion for stay of proceedings he had filed for his client. But Justice Aboki refused, insisting that: “We are not going to allow that. Even if you file it, we are going to dismiss it straightaway.”
The PDP spokesman and his firm, Destra Investments Limited, being jointly tried on a seven-count charge before Justice Okon Abang of the Federal High Court, Abuja, are appealing Justice Abang’s earlier ruling dismissing their no-case submission. They filed separate appeals.
Metuh and Destra are being tried for allegedly laundering $2million and unlawfully accepting N400m from Dasuki.
Monday, Ikpeazu, who had earlier filed processes on behalf Metuh and Destra, withdrew his representation for Destra and was replaced by Tochukwu Onwugbufor (SAN).
Following the change of counsel by one of the appellants, the court directed lead prosecution lawyer, Sylvanus Tahir to file separate respondent’s briefs in relation to the two appeals, as against the single one he earlier filed. The court adjourned to May 5.
On the appeal by Saraki, his lawyer, Kanu Agabi (SAN), acting on the court’s position not to entertain motion for stay of proceedings, withdrew a similar motion he had filed, following which, the court struck it out.
Saraki, who is being tried for alleged false declaration of assets before the Code of Conduct Tribunal (CCT), is appealing the March 24, 2016 ruling by the tribunal, insisting on its jurisdiction to try the Senate President.
Dasuki’s lawyer, Joseph Daudu (SAN) elected to tarry awhile before deciding whether or not to withdraw the motion for stay of proceedings he filed.
He said he will wait to seek what the content of the response by the respondent before making a decision. “If I see the respondent brief, I will be able to make the decision,” Daudu said. The respondent, the Federal Republic of Nigeria (FRN), is represented by Rotimi Jacobs (SAN).
Dasuki is appealing two separate rulings Justices Hussein Baba-Yusuf and Peter Affen of the High Court of the Federal Capital Territory (FCT), Maitama, Abuja. Both judges had dismissed Dasuki’s motion, with which he had sought among others, to stop his trial.
Justices Yusuf and Affen, in their rulings on February 8 and March 4, dismissed Dasuki’s motions seeking orders restraining the Federal Government from further prosecuting him on the two charges of diversion of funds meant for procurement of arms.
A similar motion by Dasuki was dismissed on April 19 by Justice Adeniyi Ademola of the Federal High Court in Abuja.
The Court of Appeal announced Monday that parties will be informed about the next hearing dates in the appeals by Saraki and Dasuki.
0 Comments