By Halimah Yahaya
The Appeal Court on Wednesday dismissed an application by a former spokesperson of the Peoples Democratic Party (PDP), Olisa Metuh, on the refusal of the trial judge, Okon Abang, of the Abuja Division of the Federal High Court to allow him to travel abroad for medical treatment.
The appellate court, in a ruling on Wednesday, said the request and application brought by Mr Metuh and filed before it has “no substance”.
Mr Metuh is facing a seven-count charge before the high court for alleged diversion of N400 million from the office of the former National Security Adviser, Sambo Dasuki.
A travel request
The former PDP spokesperson had applied to be allowed to seek medical attention in the United Kingdom, lamenting that he has lost sensation in his lower limbs.
Mr Metuh said he was suffering from a spinal cord-related ailment.
His lawyer, Emeka Etiaba, a Senior Advocate of Nigeria, told the court that Mr Metuh’s health had deteriorated badly, a situation he said would require urgent medical attention from his doctors in London.
He tendered as an exhibit, a letter from one Adrian T. H. Kasey, a Neurosurgeon at Wellington Hospital in London, which he said emphasised the need for Mr Metuh to be treated urgently.
Mr Metuh predicated his application on section 33(5) and 6(b) of the 1999 Constitution.
However, the trial judge, Okon Abang, turned down the request, insisting that the former PDP spokesperson failed to persuade the court that he was indeed suffering from a life-threatening ailment as he claimed.
Application not granted
But, a three-man panel ruling at the Appeal Court led by Abdul Aboki, a judge, said what the appellant had filed through his counsel has nothing in it.
“There is nothing before this court, no substance in the application filed by the appellant, the court is urged to dismiss the appellant’s application,” Mr Aboki said.
Similarly, the judge also dismissed an application bordering on the transfer of the case from the trial judge, based on bias.
According to Mr Aboki, “there is nothing before this court that shows that the trial court is biased.
“The appeal is without substance and is hereby dismissed.”
In his appeal marked CA/A/451C/2018, Mr Metuh said the trial judge “manifested obvious bias” against him by failing to exercise his discretion judicially and judiciously when he dismissed his application based on “imaginary facts”.
He told the appellate court that Mr Abang’s decision occasioned a grave miscarriage of justice against him.
He also complained that Mr Abang erred in law and misdirected the court by dismissing his application on unfounded claims that he has been employing delay tactics to frustrate proceedings.
He insisted that all the adjournments that were granted in the matter, were in accordance with provisions of the Administration of Criminal Justice Act and after due consideration of all the facts of the matter.
The appellant further complained that Mr Abang strayed from the application before the court, and accused him of acting a script, using illness to frustrate early conclusion of the trial and of having a hidden agenda.