Unic Press UK: Judge Okon Abang of the Federal High Court, Abuja, has refused the application filed by Olisa Metuh for the return of his International Passport.
Judge Abang ruled as follows:
- “The first defendant cannot pretend not to know of the existing order. He filed the application as if it is a simple matter. It is not a simple matter”.
- “Under the law, the court can only vary the bail condition if the defendant had not complied with the bail condition.
- “While I am not in a position to question the position of the doctor but it is my view that there was no evidence from Metuh that no hospital in Nigeria can cure him.
- “There is a fear that if the first defendant is allowed to travel, he will abscond and would not be available to face trial.
- “We have several teaching hospitals in Nigeria. The court has reasons to believe that there are hospitals in Nigerian that can cure the first defendant.
- “Assuming that there was evidence from Metuh that none of the hospitals in the country can heal him, the court would have thought otherwise but he has not provided materials for the court to exercise its powers”.
- “There cannot be issue of variation when the court has complete bail conditions and the defendant has complied. What he is asking for is that court should set aside its earlier order. Once he has complied with the bail condition, the issue of variation does not arise.This court has no jurisdiction to do so.
- “There is an order of court requesting him to deposit his International Passport. The court is not a Father Christmas to give the first defendant what he did not ask for. I want to remind parties that rulings in court of law is not based on sentiments.”
Olisa Metuh [wearing a red cap) appeared in court on Friday, 15 January 2016
