Metuh Loses Rights Enforcement Suit, Asked To Pay N15,000
SAN FRANCISCO, March 09, (THEWILL) – The Justice Okon Abang-led Federal High Court in Abuja has struck out the suit filed by the spokesman of the Peoples Democratic Party, PDP, Chief Olisa Metuh, against the Economic and Financial Crimes Commission, EFCC, challenging his detention on January 5.
Metuh had filed a fundamental rights enforcement suit against the anti-graft agency, praying the court to make a declaration that his arrest and detention by the EFCC without being charged to court violated his rights.
He also asked the court to issue an order restraining the EFCC from arresting and detaining him again, arguing that he was on January 5 arrested without an arrest warrant as well as detained for 10 days without being prosecuted.
The PDP spokesman added that his being in detention made it difficult for him to take medication for high blood pressure- an ailment he suffers.
Countering him, however, the EFCC stated that the PDP spokesman was held by an order of remand issued by a Chief Magistrate's Court, stressing that Metuh was held for serious criminal offences, and was needed in the process of investigation.
In his ruling, Abang held that the EFCC had the constitutional powers to arrest and to detain Metuh, noting that on the surface of it, Metuh's detention appeared to be unlawful, but that he was held by an order of a court, hence he (the judge) would not make an pronouncement on that.
The judge, who insisted that he would not sit as an appellate court against the order of the lower court, suggested that Metuh should have approached the magistrate court for it to vacate its remand order.
He thereafter dismissed the suit for lacking in merit and awarded a cost of N15, 000 against Metuh.