Peoples Democratic Party (PDP) spokesman Olisa Metuh’s detention.
was arrested on Tuesday in respect of investigation of about
N1.4billion “suspicious” funds in an account of a company in which he
About N400million meant for arms purchase from the
Office of the National Security Adviser(ONSA) was paid into the account
of Destra Investment Limited where Metuh has a high stake.
Economice and Financial Crimes Commission (EFCC) approached the Chief
Magistrate’s Court in Wuse Zone 2 for an order to detain Metuh – about
30 hours after his arrest in Abuja.
The EFCC said it decided to seek an order to remand Metuh because some of his accomplices are at large.
It however did not name the accomplices who are on the
the application at about 2.34pm, the EFCC counsel, Mr. C.O. Ugwu, said:
“Your Worship, we have a remand proceeding brought by way of ex parte
motion pursuant to Section 293 of the Administration of Criminal Justice
“The application is supported by Form 8, which is the
stipulated form for an application of this nature. It is of 16-paragraph
affidavit deposed to by Junaid Saidu, a detective officer with EFCC.
place reliance on the entirety of the deposition in the said affidavit,
especially paragraphs 4-15. In a nutshell, we have brought this
application because the investigation involved in this case is a bit
complex and there are also persons reasonably suspected to be involved
in the fraud who are yet at large.
“We need the suspect in the
custody so as to aid us in our investigation. So, we have come with this
application to respectfully apply for an order of this Honourable Court
authorising us to keep him in custody.
“By the provision of
Section 296(1) of the ACJ Act, Your Worship is enjoined to grant an
application of this nature for a period of 14 days.
conclude my submission by referring this Honourable Court to the case of
Lufadeju v. Jonhnson(2007) 8NWLR Pt 1037 at Page 535.
“This is a
case where the Supreme Court held that it is constitutional to detain a
suspect so as to aid investigation and to ensure that the right of the
suspect is protected.
“This is because we have approached the
court to justify his detention by operation of law. So, there is no way
we can detain him unnecessarily since the court is in the picture.”
on sections 293 and 296 of the ACJ Act, the EFCC counsel pleaded with
the court to allow the anti-graft agency to detain Metuh.
293 says: “A suspect arrested for an offence, which a magistrate’s
court has no jurisdiction to try shall, within a reasonable time of
arrest, be brought before a magistrate’s court for remand.
application for remand under this section shall be made ex parte and
shall (a) be made in the prescribed “Report and Request for Remand Form”
as contained in Form 8, in the First Schedule to this Act; and (b) be
verified on oath and contain reasons for the remand request.
296 reads in part: (1) “Where an order of remand of the suspect is made
pursuant to Section 293 of this Act, the order shall be for a period
not exceeding 14 days in the first instance, and the case shall be
returnable within the same period.
(2) “Where, on application in
writing, good cause is shown why there should be an extension of the
remand period, the court may make an order for further remand of the
suspect for a period not exceeding 14 days and make the proceedings
returnable within the same period…”
In his ruling, Chief
Magistrate Okeagu Azubuike said: “This court has read carefully the
affidavit in the Form 8 to support this application as well as the legal
authorities submitted thereto.
“This court has therefore found
merit in this application and hereby allows the applicant to detain the
respondent(Olisa Metuh) in their custody from the 6th of January to 13th
of January, 2016, pending the investigation.
Respondent(Olisa Metuh) should be given access to his lawyer, relatives
and medical doctors and should be arraigned before a court of law on or
before 13th of January.”