The Supreme Court has affirmed the decision of the Court of Appeal, Abuja, which dismissed the appeal on no-case submission filed by Olisa Metuh, former National Publicity Secretary of the People’s Democratic Party (PDP). Metuh is standing trial for allegedly receiving N400 million from the office of the former National Security Adviser, retired Col. Sambo Dasuki.
Delivering the judgment on the consolidated appeal filed by Metuh and his company, Destra Investments Limited, Justice Ejembi Eko held that the appeal was incompetent. The judge held that the appellants failed to obtain leave of the court as specified by Section 233 (2) of the 1999 Constitution before filing the notice of appeals.
“The appellants have failed to adhere to this portion of the constitution. Therefore, we have no reason not to affirm the May 25, 2016, judgment of the Court of Appeal in Abuja. This consolidated appeal is hereby dismissed for being incompetent, ’’ he said.
The Court of Appeal had earlier dismissed the appeal for being incompetent, thereby upholding the March 9, 2016 ruling of the trial court dismissing the appellants’ no-case submission. The unanimous judgement was read by Justice Ejembi Eko. The apex court said its decision was based on section 233 (2) of the 1999 Constitution.
“Where the Court of Appeal lacks the necessary jurisdiction, in the first place, to hear and determine the appeal before it, such as in the instant case, no decision of the court against the competent appeal lies to this court.
“It is for that reason I strike out the incompetent appeal and affirm the judgment of the lower court below,” Mr. Eko ruled.
