After a trial that lasted for about five years, the Abuja division of the Federal High Court yesterday sentenced former National Publicity Secretary of the Peoples Democratic Party, PDP, Chief Olisa Metuh, to seven years imprisonment.
In a marathon judgment that lasted several hours, Justice Okon Abang, also ordered Metuh to pay a total sum of N375million to the coffers of the Federal Government. The court directed that his firm, Destra Investment Ltd, should be wound up with all funds standing to its credit forfeited to the government.
The court found them guilty of unlawfully receiving N400million from the Office of the National Security Adviser, ONSA, prior to the 2015 presidential election, without contract approval or execution. Metuh was also convicted for involvement in an illicit transaction that involved the exchange of $2million, in violation of extant financial regulations.
The sentences are as follows: seven years on counts 1, 2, 4 and 7 of the charge, the count handed him five years on count 3, three years on count 5 and 6. The firm was ordered to pay N25m with respect to both counts 5 and 6 of the charge. The court held that the sentence would run concurrently starting from today.
Justice Abang Okon pronounced the sentence after he convicted Metuh and his company all seven-count charge against him and his company.
Metuh and his company were charged on a seven-count charge bordering on money laundering to the tune of N400 million. He allegedly received the money from the former National Security Adviser, Colonel Sambo Dasuki (Rtd).
In count one of the charge, the prosecution accused Metuh and his company of receiving the said amount from Dasuki having knowledge that the said amount formed part of the unlawful activities of the former NSA.
Delivering judgment in count one, Justice Abang held that from the evidence placed before the court, the first defendant, Metuh, was not telling the court the truth.
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The judge noted that if the defendants knew of the inflow of the sum of N400 million from the Office of the National Security Adviser (ONSA) where he had earlier claimed in his statement that he never had any contract with, he (Metuh) ought to have questioned the source of the money and not have gone ahead to spend it.
In addition, Abang held that the only person who could have corroborated Metuh’s claim that the money was authorised by former President Goodluck Jonathan was the then president himself, whom the defendants planned to call but later abandoned.
The court further noted that even when it was subpoenaed to call Dasuki, who was a principal officer to Jonathan, was, subpoenaed relevant questions were not put before Dasuki to affirm or deny that President Jonathan directed that the sum of N400 million be paid to Metuh for a national assignment.
“Having established that the money came from ONSA and there was no contractual evidence and ONSA not being a charitable organisation, the first defendant took no steps whatsoever to know why the N400 million was paid to the account of the second defendant.
“I agree with the prosecution that it was unlawful that the former National Security Adviser misappropriated public funds in favour of the first and second defendants.
“Prosecution has proved the ingredients as regards count one”, Abang held, adding that the defendant turned a blind eye to the actual source of the inflow without a contract for which the sum of N400 million was paid. I found the first defendant guilty in respect of count one and accordingly convicted.
“The second defendant is also guilty in respect of count one and accordingly convicted”,
Abang held.
In count-two, the prosecution accused the defendants of converting the sum of N400 million received from the office of the former NSA, count three borders on retention and concealment of the said funds. Abang held that evidence tendered by the prosecution proved that Metuh disbursed the funds received from Dasuki for the political activities of the PDP as well as for his personal use.
Metuh has not explained how N50 million was transferred to a joint account of his wife and himself”,
the court held.
The court further stated that all documentary evidence presented to the court failed to show any security services for which the sum of N400 million was paid to the defendants, but rather the flow of funds into PDP’s campaign activities as well as Metuh’s personal use.
In count four the court also found the defendants guilty on the grounds that they failed to place material before the court to show that the then President Jonathan engaged the first defendant on a national assignment for national security.
Abang further held that there was no way former President Jonathan would have given verbal approval for the release of N400 million.
The court also found the defendants guilty on counts five and six which borders on making cash deposits beyond the maximum threshold which is N5 million for individual and N10 million for an organisation.
The EFCC in counts five and six accused Metuh of handing over the sum of $2 million cash to Nneka Ararume, who in turn handed over the monies to two bureaus de change agents for conversion to cash and was then deposited in Metuh’s Diamond Bank account. According to Abang, findings showed that although Ararume was a staff of ARM, she was not in Metuh’s Abuja residents on behalf of ARM.
The court further held that the two bureau de change operators are not financial institutions and violated section one of the money laundering Act, by making cash deposits into Metuh’s Diamond Bank account well above N5 million. The court held that the $2 million formed part of the N400 million received illegally from Colonel Dasuki.
Count 7 borders on the transfer of the sum of N21.7 million to former PDP chieftain, late Chief Anthony Anenih. The judge held that the prosecution was able to prove that the said funds transferred to the late Anenih were part of the unlawful activities of Colonel Dasuki.
Abang held that in all, there was evidence that the first defendant ought to have known that the money received from Dasuki was proceeds of an unlawful act. Abang accordingly found Metuh and his company guilty on all the seven-count charge.
Meanwhile, counsel to Metuh, Mr. Abel Oziokor, thanked the court for its verdict noting that whether a judgment favours a litigant or not, it was befitting to appreciate the court for the efforts in delivering the judgment. Oziokor, however, begged the court to temper justice with mercy.
