By Gowon Emakpe, Abuja

Federal High Court in Abuja, yesterday convicted former National Publicity

Secretary of the Peoples Democratic Party (PDP), Olisa Metuh and sentenced him to seven years imprison over N400million fraud.

In the judgement, which lasted over five hours, Justice Okon Abang convicted Metuh on all the seven counts, including the fraudulent receipt of N400m from the Office of the National Security

Adviser in November 2014 and use of the money for his personal purposes and for transacting with a cash sum of $2m without going through a financial institution.

The judge said the Economic and Financial Crimes Commission (EFCC) had successfully proved that the transaction violated the anti-money laundering law, which pegged the maximum cash transaction an individual could take outside a financial institution and sentenced Metuh to seven years imprisonment for counts 1, 2, 4 and 7, five years imprisonment in respect of count 3, and three years in respect of counts 5 and 6.

The sentences shall run concurrently.

While directing Metuh to pay a fine of N375m to the Federal

Government,  he further ordered Destra Investments to pay N25m to the

Federal Government.  

Justice Abang ordered the winding up of Destra Investment with its accounts in Diamond Bank and Asset Resource Management to be closed and their proceeds forfeited to the Federal Government.

Metuh and his company, Destra Investment Limited, are  being prosecuted by

the Economic and Financial Crimes Commission on seven counts of money

laundering including allegations that they both fraudulently took the N400m “when they reasonably ought to know” that the money was part of the proceeds of alleged criminal activity of the then NSA, Sambo Dasuki.

Furthermore, he was also accused of transacting with a cash of $2m

without going through a financial institution in violation of a provision of the Money Laundering (Prohibition) Act.

The defendants had pleaded not guilty to all the seven counts when

they were arraigned before the court in January 2016.

Metuh’s defence team, comprising, Mr. Abel Ozioko and Mr. Tochukwu Onwugbufor (SAN), urged the court to discharge and acquit their clients on the grounds that the prosecution failed to

prove the alleged offences, but the prosecution led by Mr.

Sylvanus Tahir, maintained that his team had proved all the offences beyond reasonable doubt, as

he called on the judge to pass a guilty verdict on the defendants.

 “It is my view that Metuh took possession of the N400 million from the

office of the NSA without contractual agreement; he is guilty of money

laundering and is hereby convicted on count one”, Abang said

He also found him guilty on the second count of the charges which bordered on the

criminal conversion of N400 million.

He said that the evidence before him showed that the money was used to

fund activities of the PDP, adding that Metuh also used the money to

acquire a property at Banana Island in Lagos.

This, according to him, was contrary to the e-payment mandate which stated

that the money was meant for security services, whereas Dextra

Investment was not a registered security outfit.

Specifically, he said evidence pointed to the fact that the money was

deliberately laundered to brighten the chances of the PDP during the

2015 general elections.

Abang said Metuh failed to explain the transfer of N50 million from the N400 million to the joint account of

himself and his wife.

“It is, therefore, manifestly clear that the defendant converted the

money for PDP campaign activities and I find him guilty and is, hereby,

convicted accordingly,” the judge declared.

On the third count which Justice Abang ruled that the e-payment

mandate showed that the money was released for security services but

was concealed and used for PDP campaign activities and personal use.

“I hereby find him guilty and convicted on count 3.

On count 4, which was the allegation of illegal disbursement of funds,

he held that the Prosecution placed credible evidence before the

court which showed some of the unlawful acts of Colonel Sambo Dasuki

as the NSA while in office.

“The first defendant was desirous of repositioning the PDP

and he deployed the funds for that purpose and personal use”, he added

Stressing that the meeting wherein former President Jonathan allegedly

authorized the payment was tagged a ‘security meeting’, Abang wondered

why only the former NSA and top officials of the PDP attended the

meeting, yet Metuh claimed the money was disbursed for special national assignment.

“I agree with the prosecution that Metuh’s claims are tissues of lies

hurriedly put in place to divert the attention of the court from

prying into the disbursement of the N400 million received from the

office of the NSA through an under the table agreement. Its a case of

public funds filtering into private hands for selfish reasons.”

Justice Abang, therefore, held that he N400 million was never released

for a special national assignment based on the evidence before him.

“Therefore, I find the first and second defendants guilty on count

4,”. And therefore, held that the N400 million was never released for

a special national assignment based on the evidence before him.

He then proceeded to give judgement on count 7 – transfer of funds to a PDP

chieftain, saying he would come back to counts 5 and 6.

On the seventh count of the charges, the trial judge held that the transfer

of N27.7 million to Mr Anthony Anenih for a special national

assignment directly represented the illicit nature of the fund.

“I have again considered the position of the prosecution and found

that the prosecution proved the transfer of N27.7 million to Chief

Anthony Anenih, and I hereby find the first and second defendants

guilty on count 7 and are hereby convicted,” he ruled.

Thereafter, Justice Abang said he has considered the arguments of the

defendants on Counts 5 and 6 which deal with making cash transactions

above the statutory threshold of N5 million for individuals and N10

million for corporate bodies.

“I agree with the prosecution that the defendants committed the

offence by handing over raw cash of $2 million dollars to a Bureau de

Chage (BDC) operator to change same into naira.

“From the evidence placed before me, the BDC is not even a registered

operator. The transaction is, therefore, undocumented and runs

contrary to the Anti-Money Laundering Act.”

“I agree with the prosecution that the $2 million and part of the N400

million received from the office of the NSA was used to acquire

properties in Lagos,” he added.

According to the trial judge, the transaction as regards counts 5 and

6 was clearly in excess of the statutory threshold whether the money

belonged to the defendants or not and Metuh failed in his defence to

disclose the source of the $2 million.

“I hereby find the first and second defendants guilty on counts 5 and 6,”

After taking all the counts, the court convicted and found the former

PDP spokesman guilty of all seven charges levelled against him by the

EFCC.

He advised Metuh that he should have been sober and resolve the matter

amicably, especially when the case involved a family member.

“If I had the powers to exercise discretion, I would have exercised it

in favour of the convict.

“Since I can’t go outside the law which stipulates between seven and

14 years imprisonment, in respect to Counts One to Three, I sentence

him to seven years imprisonment with effect from yesterday.

It was not clear as at time of going to the Press if Metuh was going to appeal his case.