The Supreme Court on Friday affirmed the decision of the Court of Appeal, Abuja, which dismissed the appeal on no-case submission filed by former National Publicity Secretary of the Peoples Democratic Party (PDP), Olisa Metuh.
Metuh is standing trial for allegedly receiving N400m from the office of the former National Security Adviser, retired Col. Sambo Dasuki.
Delivering the judgment on the consolidated appeal filed by Metuh and his company, Destra Investments Limited, Justice Ejembi Eko, held that the appeal was incompetent.
The judge held that the appellants failed to obtain leave of the court as specified by Section 233 (2) of the 1999 Constitution before filing the notice of appeals.
The section of the constitution compels a would-be appellant to seek leave of the court when filing an appeal against an interlocutory decision, on the grounds of mixed law and facts.
“The appellants have failed to adhere to this portion of the constitution.
“Therefore, we have no reason not to affirm the May 25, 2016, judgment of the Court of Appeal in Abuja. This consolidated appeal is hereby dismissed for being incompetent, ’’ he said.
The Court of Appeal had earlier dismissed the appeal for being incompetent, thereby upholding the March 9, 2016 ruling of the trial court dismissing the appellants’ no-case submission.
Metuh, who had been complaining of ill health as he continued his defence at the Federal High Court Abuja, was on February 5 brought to court on a stretcher.
The presiding judge, Justice Okon Abang, adjourned Metuh’s trial until March 14 on the grounds of his ill health.