The Court of Appeal has set aside indictments against the former National Security Adviser, NSA, retired Colonel Sambo Dasuki.
It also nullified the conviction by Justice Okon Abang of the Federal High Court in Abuja, of the former spokesperson of the Peoples Democratic Party, PDP, Olisa Metuh, for money laundering.
A three-man panel led by Justice Stephen Adah held in a unanimous judgment on Wednesday, that the lower court made damaging comments against Dasuki without giving him a fair hearing.
Justice Adah held that the comments made against Dasuki, who was not being charged as a co-defendant in the case and not given any opportunity to defend himself, were unwarranted.
The Appeal court therefore ordered that all the lines in the judgment where Dasuki was indicted be expunged and nullified.
The court, in an earlier judgment on Wednesday, had set aside Metuh’s conviction on the grounds of bias shown by the trial Justice Okon Abang of the Federal High Court.
The Court of Appeal also nullified the seven-year conviction of Metuh over alleged money laundering and corruption charges, holding that there were glaring bias by Justice Abang.
The nullification of his conviction is coming after 10 months of his jail term.
Justice Adah, subsequently ordered a return of the case to the Federal High Court for fresh hearing by another judge.
Justice Abang had in a judgment delivered on February 25, this year, found Metuh guilty of money laundering charges preferred against him by the Economic and Financial Crimes Commission, EFCC, and subsequently sentenced him to seven years imprisonment.
Dissatisfied, Metuh in February 2020, approached the appeal court seeking to upturn Abang’s decision.
He, in the 10 grounds of appeal, submitted that the trial judge erred in law by exhibiting strong bias and also denied him of fair hearing.
Metuh therefore prayed the appellate court to set aside the judgment of Justice Abang and quash the charges against him.
Delivering judgment in the appeal, Justice Adah, noted that the issue of bias is a serious and once it is established, the decision of the trial court cannot stand.
He added that findings of the panel revealed that the Federal High court judge displayed elements of bias during the trial of Metuh.
Observing that there were incidences of hostilities between the judge and counsel to the 1st defendant, Justice Adah held that trials must be conducted free from bias.
“Trial must be conducted in a conducive atmosphere free from rancour and element of likelihood of bias.
“The judgment of the trial court cannot stand on account of manifestly and glaring bias”, he held.
“This case is remitted to the lower court for a fresh hearing by another judge”, he added.
The court citing similar grounds of bias nullified the judgment against Metuh’s company, Dextra Investment Limited.
It therefore ordered that the trial be conducted afresh.
Justice Adah also directed that the case file be sent back to the Chief Judge of the Federal High Court for reassignment to another judge other than Justice Abang.
Justice Abang had in his judgment delivered on February 25, 2020, sentenced Metuh to seven years’ imprisonment for fraudulently receiving N400 million from the Office of the National Security Adviser then being headed by Col Sambo Dasuki.
By PRNigeria
