The decision of the Court of Appeal, Abuja, which dismissed the appeal on no-case submission filed by Olisa Metuh, former National Publicity Secretary of the People’s Democratic Party (PDP), has been affirmed by the Supreme Court on Friday.
Metuh is being tried for allegedly receiving N400 million from the office of the former National Security Adviser, retired Col. Sambo Dasuki.
Justice Ejembi Eko held that the consolidated appeal filed by Metuh and his company, Destra Investments Limited, was incompetent because, the appellants failed to obtain leave of the court as specified by Section 233 (2) of the 1999 Constitution before filing the notice of appeals.
According to NAN reports this section of the constitution compels a would-be appellant to seek leave of the court when filing an appeal against an interlocutory decision, on the grounds of mixed law and facts.
“The appellants have failed to adhere to this portion of the constitution.
“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, ’’ he said.
The Court of Appeal had earlier dismissed the appeal for being incompetent, thereby upholding the March 9, 2016 ruling of the trial court dismissing the appellants’ no-case submission.
On the 5th of February, Metuh was brought to the Federal High Court Abuja on a stretcher due to ill health, which raised a lot of dust by lawmakers.
NAN recalls that the trial judge, Justice Okon Abang, adjourned Metuh’s trial until March 14. on the grounds of his ill health.