Justice Okon Abang had ordered Metuh to deposit his passport with the court’s registrar as part of the conditions attached to the bail granted him on January 19, 2016.
Metuh is being prosecuted by the Economic and Financial Crimes Commission for an alleged fraud of N400m.
He stated in the application dated May 16 that his decision to seek medical treatment abroad was informed by the advice he received from a neurosurgeon at the National Hospital, Abuja, following the injury he allegedly sustained after falling from a chair at the PDP national secretariat in Abuja on April 26.
Metuh is being prosecuted alongside his company, Destra Investments Limited, on seven counts, bordering, among other things, on an alleged fraudulent receipt of N400m from the Office of the National Security Adviser in November 2014 to fund PDP’s presidential campaign ahead of the 2015 general election.
The defendants were also charged with money laundering offences involving a cash transaction of $2m without passing through a financial institution.
At the Thursday’s proceedings, Justice Abang reluctantly adjourned till May 23, to entertain Metuh’s fresh application, praying for his passport to be released, so he could embark on a medical trial.
The defence counsel, Mr. Emeka Etiaba (SAN), claimed that his client’s condition worsened overnight.
Etiaba told the judge that Metuh was rushed to the hospital at about 1am on Thursday following a sudden change in his condition.
He said he read Metuh’s text message about the overnight development on Thursday morning but insisted that the defendant must attend the day’s proceedings.
He claimed to have met Metuh at the court’s car park on Thursday morning where he realised that the PDP’s spokesperson had vomited in his car.
The lawyer said, “I drove in this morning and he (Metuh) was at the car park in his car. On getting there, I realised that he had vomited profusely and his brother-in-law, Mr. Andy, narrated how he was rushed to the hospital last night…
“Our application this morning is for an adjournment. But for the reason that the 1st defendant is very weak, there is need to report back to the hospital because he cannot stand trial.
“I therefore plead with My Lord to indulge us because this is a life-threatening situation. The defendant needs to stay alive to face his trial. This is a passionate appeal.”
Destra Investment Limited’s lawyer, Tochukwu Onwugbufor (SAN), supported the application for adjournment.
The prosecuting counsel, Mr. Sylvanus Tahir, described Etiaba’s submission as an “oral affidavit,” but he said he would not oppose the application for adjournment since it had to do with the defendant’s health.
Justice Abang, in a bench ruling, also said the issues raised by Etiaba were merely “sentimental” as there was no evidence apart from the lawyer’s oral submission to back the ill health claim.
The judge said the defendant ought to have invited the doctor who attended to Metuh in the hospital to give evidence on oath with respect to the defendant’s ill health.
“The learned counsel for the first defendant raised sentimental issues that are not relevant to the court in making a decision.
“This is a court of record; there is no evidence of a qualified doctor to the effect that the defedant is not fit.
“What is before the court is an oral submission by the first defendant.
“The learned counsel for the 1st defendant cannot give evidence from the Bar. It would have been better for the doctor who attended to him (Metuh) to be in court today to give evidence on oath. The court cannot speculate,” the judge said.
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