Arms Deal: Interrogate Jonathan First Before Prosecuting Me – Metuh Tells EFCC

The National Publicity Secretary of

the Peoples Democratic Party, PDP,

Chief Olisa Metuh, last Thursday

challenged the Economic and

Financial Crimes Commission, EFCC,

to first interrogate former President

Goodluck Jonathan before

prosecuting him over the source of

the N400m alleged to be part of

monies meant for arms purchase.

Chief Onyechi Ikpeazu SAN, who led

Metuh’s defence team for the

charges he is facing at the Federal

High Court in Abuja, argued that

EFCC’s Prosecution Witness (PW5)

evidence that presentation for

which money was paid was made to

Jonathan makes the investigation of

his role as well as his evidence vital

and indeed crucial without which

no prima facie case can conceivably

be said to have been made out.

“Dr. Jonathan, to whom the

presentation was made for which

the payment was made, is therefore

a material and indispensible person

in order for a prima facie case to be

present. Where the prosecution

failed to call such a vital witness, a

strong presumption will arise that

the evidence, if called, would be

unfavourable to the prosecution.”

Metuh consequently filed a no case

submission asking the court to

discharge him of the seven- count

money laundering charge preferred

against him and his company,

Destra Investment Limited, by the

anti-graft agency. He argued that

the EFCC has not established a

prima facie case against him in line

with Sections 302 and 357 of the

Administration of Criminal Justice

Act, ACJA, 2015 since the prosecu­

tion has not made such case

against him and his company.

“In any case, the “mens rea’ of the

defendants to the effect that former

NSA, Col. Sambo Dasuki (retd)

committed a criminal offence

cannot be inferred, but must be es­

tablished by a competent evidence

which must come from the

prosecution.

“It is the case of Metuh that no

evidence was laid out by the

prosecution that N400 million was

the proceed of alleged criminal

conduct committed by Dasuki,

adding that if anything, all the

documents presented by the

prosecution in the case only point

out that the former NSA complied

with due process and the contrary

has not been pronounced by the

court of competent jurisdiction.

“In this case, by the evidence of

PW3 who works in the Office of the

National Security Adviser [ONSA],

the NSA is answerable to the then

President Goodluck Jonathan only,”

he stated.

While stressing that Section 15 [2]

[d] of the Administration of Criminal

Justice Act requires the proof that

the money must be proceed of an

unlawful act, the PDP spokesman

said: “In this case, it has not been

established that the defendants

knew that the ONSA engaged in any

unlawful acts, adding that an

unlawful act must be an act which

is not authorised or approved and

which has been found to be illegal.

“There was no evidence that the

defendants were involved in any

forged documents to create a

contract where none was in fact, in

existence. Pw8, the investigator was

emphatic that he found no

relationship of any kind between

the defendants and Col. Sambo

Dasuki.”

Source