ABUJA (Sundiata Post) – The Economic and Financial Crimes Commission (EFCC)on Thursday failed to arraign the National Publicity Secretary of the People’s Democratic Party (PDP), Olisa Metuh before the Federal High Court (FHC) sitting in Abuja.
The Commission insisted that it has a valid court order to detain Metuh over an alleged N400m fraud and other corruption-related crimes.
The counsel to the EFCC, Mr. Rotimi Jacobs (SAN) also claimed that they have already filed a seven-count criminal charge on corruption against Metuh and that he will soon be arraigned on the charge along with his family company, Destra Investment Limited, allegedly used in siphoning the public fund.
Jacobs, who confirmed this to journalists on Thursday, said that contrary to insinuation that Metuh was being held unlawfully, the commission had obtained an order of a court in line with the Administration of Criminal Justice Act (ACJ) 2015, approving the detention of the politician pending the completion of investigation into the allegations against him.
He also explain that under the new ACJ Act 2015, the EFCC operatives have powers to hold a suspect in line with a court order.
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He said: “It is arrant nonsense for anybody or group to say that the suspect is being detained illegally for political reasons. EFCC is established by law and as such, cannot take the laws into its own hand. The truth is that there is a valid and subsisting court order that permitted the detention of the man.
“The order was issued by the court based on the avalanche of documentary evidence place before the court and the need to complete the interrogation diligently before coming to court to arraign him properly.”
Arguing against the enforcement of fundamental rights suit brought against the EFCC by Metuh, the EFCC counsel stated that the commission has just been served with the originating summon.
Consequently, he noted that in line with the provisions of the law, the agency has five days to respond to all issues raised in the suit and that the court had graciously adjourned the matter to January 20 to enable them file their response to the suit.
But counsel to Metuh, Chief Ifedayo Adedipe (SAN) complained that his client was been held illegally by the EFCC because of the failure to arraign him in court within the time stipulated by law.
Adedipe asked the court to compel the EFCC to either release his client on administrative bail or charge him to court as required by law.
Metuh thad filed a motion at the court, through his counsel, on January 13, demanding that immediate commencement of hearings into his (M case.
At hearing yesterday, Adetibe told the court in his interlocutary application, that the arrest and onward detention of the PDP Publicity Secretary, were unconstitutional, stressing that “the EFCC has no constitutional right to arrest and detain any one, without charging the person to court”.
But the presiding Judge, Justice Okon Abang, said the mater was merely an interlocutary application, not a substantive issue.
“I so hold; that in such an intelocutary application parties before a court can only be heard within the confines of the rules of court,” Abang said.
He agreed that the EFCC has five days to respond to the application in the event where they are not opposed to its content.
Justice Abang therefore adjourned the matter till January 20 for possible arraignment.
