Judgment could not be delivered in the ‘No Case Submission’ filed by a former Peoples Democratic Party (PDP) spokesman, Olisa Metuh in response to a destruction of evidence charge brought against him by the Economic and Financial Crimes Commission (EFCC) on Wednesday.
The presiding judge, Ishaq Ballo, did not sit and the case was consequently adjourned to April 23.
EFCC had accused Metuh of obstructing the course of justice by tearing a statement he voluntarily made to operatives of the anti-graft agency in the course of investigation of his involvement in fraud and money laundering.
On Oct 10 2017, Metuh’s counsel, Dr Onyechi Ikpeazu (SAN), told the court he would file a ‘No case’ submission on behalf of his client, after the prosecution had closed its argument in the case.
Ikppeazu said the prosecution had not established any case to warrant the defendant to be called to enter his defense in the application which he said was in pursuant to provisions of Sections 302 and 357 of ACJA.
The Senior Advocate of Nigeria argued that the defendant could not be prosecuted whether he refused to make a statement or withdraw any part of his writing in the course of making a statement.
He added that a piece of paper that was not signed did not meet the requirement of being classified as a statement while urging the court to discharge and acquit his client.
The prosecuting lawyer, Mr Sylvanus Tahir had urged the court to find out whether or not a prima facie case was made against Metuh as he argued that ‘cancellation’ was different from ‘tearing’ which was obstruction and the offense the defendant was charged with.
Tahir therefore asked the court to call upon the defendant to enter his defense.