My legs have lost sensation, I need treatment abroad – Metuh
Ade Adesomoju, Abuja
A former National Publicity Secretary of
the Peoples Democratic Party, Chief Olisa Metuh, has filed a fresh
application before the Federal High Court in Abuja requesting to be
allowed to travel abroad for medical treatment.
Metuh’s earlier application to travel abroad for a medical trip was dismissed by the court in May 2016.
Justice Okon Abang on Wednesday heard Metuh’s fresh application in part and adjourned further hearing till Thursday.
The Economic and Financial Crimes
Commission also opposed the application on the grounds that the
ex-spokesperson for the PDP would abscond from his trial if allowed to
embark on the foreign trip.
Metuh’s lawyer, Mr. Emeka Etiaba (SAN),
while arguing his client’s fresh motion on Wednesday, said the
defendant’s condition degenerated on January 18, 2018, prompting the
need for his passport to be released to him to enable him “to proceed
for the urgent life-saving surgery” in London, the United Kingdom.
Metuh was produced in court for the previous proceedings in February on a stretcher.
He wore a neck brace and sat on a wheel chair throughout the Wednesday’s proceedings.
An affidavit filed in support of the
application said Metuh might die or be permanently incapacitated if the
application was not granted.
“If this application fails, the
applicant may die or be permanently incapacitated in which case he will
be unable to defend himself in this suit,” the affidavit stated in part.
The trial judge, Justice Okon Abang, had
ordered Metuh to deposit his passport with the court’s registry as part
of the bail conditions granted the ex-spokesperson for the PDP on
January 19, 2016, with respect to his ongoing trial before the court.
Metuh’s earlier application seeking
similar prayer for permission to travel abroad on health grounds was
dismissed by the court on May 25, 2016.
He did not appeal against the court’s ruling dismissing his previous application for foreign medical trip.
But in his fresh application, Metuh
stated that his health condition as of the time his previous application
was filed was different from his current state.
His lawyer, Etiaba said the court had
jurisdiction to hear and grant the fresh application even if the court’s
previous rulings declining to release the defendant’s passports were
not appealed against.
The applicant’s affidavit said before
Metuh’s arrest in 2015, he had been a patient of the National Hospital
and had been diagnosed with “Cervical Thoracic and Lumosacral
Sypondloctic Disease.”
It also stated that his medical
condition “has greatly degenerated in the past two months, hence the
recommendation” of “Mr. Adrian T. H Casey, Consultant Neurological and
Spinal Surgeon, at Wellington Hospital, London, United Kingdom who is
the leading expert in that field of medical practice for the definitive
treatment or surgery.”
But the prosecuting agency, the EFCC,
said the application by Metuh was motivated by his phobia for his
ongoing criminal trial, adding that the defendant would not return to
the country if allowed to travel abroad.
In its counter-affidavit opposing
Metuh’s application on filed on February 23, 2018, the commission said
the ex-spokesperson for the PDP would not return to the country to face
his trial if allowed to travel abroad.
The lead prosecuting counsel, Mr.
Sylvester Tahir, also stated in his written address accompanying the
counter-affidavit that Metuh had been known to be actively participating
in political and social activities had suddenly developed phobia for
his trial.
Tahir stated, “The complainant believes
that if the applicant’s passport is released to him and he travels out
of the country, he will never come back to face his trial thereby
frustrating the course of justice.”
A detective with the EFCC, Mr. Ibrahim
Musa, who deposed to the commission’s counter-affidavit, stated that the
defendant’s appearance on a stretcher in court on February 5, 2018,
“has since been found out to be an orchestrated drama aimed at currying
the favour and sympathy of the court and public opinion.”
But one Obinna Metuh, who deposed to “a
further and better affidavit” on behalf of the defendant, in response to
EFCC’s counter-affidavit, denied the allegation that Metuh would
abscond if granted bail.
However, the deponent admitted he
attended to political and social engagements, including the PDP’s
national convention on December 9, 2017 and a social function in Aba few
days to the resumption of the trial, but he explained that “the facts
relied on by the applicant in this application stem from the incident
that occurred on January 9, 2018 and since then, the applicant has not
been at any social or political gathering.”
The matter continues on Thursday for further hearing.
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