A Federal Capital Territory High Court in Maitama, on Thursday, fixed July 11 for ruling on the no-case submission filed by Olisa Metuh, who is accused of destruction of evidence.
Metuh was arraigned by the Economic and Financial Crimes Commission (EFCC) in January 2015 on two charges bordering on alleged destruction of evidence.
The case, which was before Justice Ishaq Bello, was adjourned until July 11, with consent of counsel as the court did not sit.
The case was earlier adjourned until May 31 for ruling on the no-case submission.
Metuh’s counsel, Dr. Onyechi Ikpeazu (SAN), had. on October 10, 2017, told the court that they would enter a no-case submission at the close of the prosecution’s case.
Arguing the no-case submission, Ikpeazu had told the court that the prosecution had not established any case to warrant the defendant to be called to enter his defence.
He said that the application was in pursuant to the provisions of sections 302 and 357 of ACJA.
The counsel added that the defendant had a constitutional liberty and could not be prosecuted where he either refused to make a statement or withdraw any part of his writing in the course of making a statement.
Ikpeazu said that the defendant also had a right to cancel any part of his statement voluntarily.
He reminded the court that the charge by EFCC was that Metuh destroyed his statement and obstructed EFCC officials by willfully tearing his statement.
Ikpeazu argued that a piece of paper not signed did not qualify as a statement by the defendant, and urged the court to discharge and acquit the defendant.
However, the prosecuting counsel, Sylvanus Tahir, urged the court to establish whether or not a prima facie case had been made against the defendant
Tahir added that cancellation was different from tearing, which was obstruction; and prayed the court to call upon the defendant to enter his defence.
