By Chibuike Nwabuko
Abuja (Sundiata Post) – Counsel to Chief Olisa Metuh, Barr. Obinna Okonkwo said at no time did the Federal High Court bar his client from seeking further adjournment in his ongoing case with the Federal Government.
He also cautioned against media trial saying that such act can only ridicule the war against corruption as media convictions obtained are often not sustained by Court verdicts.
Barr Obinna made the call in a statement released on Thursday in Abuja while reacting to report sponsored in an online news portal to the effect that the Federal High Court has barred Chief Olisa Metuh from seeking further adjournment in his on-going trial.
Describing the report as malicious and completely false, Metuh’s Counsel said that most shocking is the fact that the correspondent who authored this mischievous report was not even in court and only spread the falsehood to enhance the well-orchestrated and unrelenting media trial against his client.
Quoting section 396 (5) of the Administration of Criminal Justice Act (ACJA), Barr Obinna said the section is clear in providing for adjournment in a criminal trial: “Where it is impracticable to conclude a criminal proceedings after the parties have exhausted their five adjournments each, the interval between one adjournment to another shall not exceed seven days inclusive of weekends.”
He recalled that Dr. Ikpeazu, SAN, had informed the Honourable Court on the 19th of June 2017 that he will be appearing before the same Federal High Court, Port Harcourt division in an EFCC prosecuted case involving a retired Chief Judge.
Obinna called on newsroom gatekeepers to endeavor to examine and cross-check the facts in the report being pushed to them, especially on judicial matters, to ensure that they are accurate.
According to him, “the only option left for the court on issues of adjournments, if for any reason it believes the request is frivolous, is to award costs and this is clearly stated in section 396 (6). Furthermore, the fact that our Client is entitled to as many adjournments as justified by circumstances has since been settled before the same Court”.
“It is inconceivable that a Court can bar a defendant from seeking adjournments in the course of establishing his innocence as guaranteed by the laws and the constitution”.
He described as scandalous, the unfortunate twisting of the request for adjournment by Dr. Onyechi Ikpeazu SAN, that normal Court practice and procedure, which has also been enjoyed by the prosecution in the past, is moved from the courts and made a subject of media controversy with heavy distortions.
“We also find it ridiculous that whereas Dr. Ikpeazu SAN’s letter which I, Barr. Obinna Okonkwo, also a Counsel in the matter, directly presented to the Court, clearly sought for an adjournment between June 21 and 22, 2017 to enable him attend a crucial matter at the Port Harcourt division of the Court, what is in the media is that Dr. Ikpeazu said “he would be at another matter at the Federal High Court, Enugu on the dates” and that he “prayed the Court to ‘adjourn to any date other than June 26, 2017.”
Whereas we are aware that these distortions are meant to put our lead Counsel in bad light, we know that the whole aim of the unrelenting media trial against our Client is to upset, tarnish and cow our defence while attempting to stampede and sway the Court against our Client.
While warning for a stop to media trial, the Counsel informed that the essence of the anti-corruption war is not to harass, hound and scandalize people in the court of public opinion, neither is it to secure conviction with intimidation and manipulation.The fight must be within the ambit of the law and not through media court-martial, he added.
Barr Obinna who said they will not join in externalizing proceedings in the Court, reminded the prosecution that his Client’s charge is not for stealing, corrupt enrichment or abuse of office; but for the payment he received for a national assignment approved by the last administration which was alleged to be from unlawful activity of that administration’s National Security Adviser for which he is establishing his innocence.
He also commended the media for their support in the anti-corruption war.
Sundiata Post recalls that Chief Olisa Metuh is standing trial for allegedly receiving N400 million from the former National Security Adviser, Col Sambo Dasuki (rtd), believed to be part of a $2.1 billion meant for arms procurement but which was allegedly diverted by Col. Dasuki.
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