Justice Okon Abang, of an Abuja Federal High Court, has dismissed the application filled by the embattled former National Publicity Secretary of the Peoples Democratic Party, Olisa Metuh seeking leave of court to release his international passport to travel for medicals.
Metuh through hos counsel, Onyeachi Ikpeazu SAN, had applied to the court to grant him five weeks leave to travel to the United Kingdom for surgery on his spinal column, which he claims to be rapidly compressing.
During the arguement on the application by the parties, Justice Abang had asked both counsels whether his court had the jurisdiction to grant the second application by Ikpeazu, seeking for the release of Metuh’s international passport.
Having perused the submissions of the counsels in the matter, the trial court averred in his ruling, that the application seeking the release of Metuh’s international passport should not have come to his court in the first place.
He noted that the decision was made with regards to the nature of Metuh’s trial and that the court cannot hold back its decision, adding that the present condition of the defendant should not be the reason for the law to be compromised.
Having dismissed the prayer for release of the travelling document, the court held that there would be no need to consider the prayer seeking for permission to travel.
“Proceedings in a court of law is not based on sentiments. The court cannot set aside its decision; I have no jurisdiction to do so. Having dismissed prayer 2; it is not important to discuss the merits of prayer 1, discussing prayer one amounts to an academic exercise”, the court ruled.
The judge said Metuh had the prerogative of approaching the Appeal Court to request for the release of his passport, adding that when the higher court decides on that, he will then have to consider the merits of the first application.
The trial judge said, the medical report by Metuh’s Doctor, Ugwanyi Ugochukwu does not include any reason why Metuh cannot have his treatment done in Nigeria.
Although Justice Abang noted that he would not argue with Ugochukwu, regarding the said report, he will not agree that Metuh cannot be treated in Nigeria, if the applicant does not provide such evidence before the court.
Metuh who is standing trial alongside his company, Destra Investment Limited on a 7-count charge, by the Economic and Financial Crimes Commission (EFCC), for allegedly receiving N400million from former National Security Adviser, Sambo Dasuki, was however absent at the last sitting, due to a letter from a neurons surgeon advising him to take bed rest.
