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Thursday, April 25, 2024

Metuh vs EFCC: The Folly Of Early Celebration By Buhari’s Online Worshippers [LEGAL OPINION]

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[dropcap]O[/dropcap]lisa Metuh’s case is already in court and I am reluctant to comment on it. But some ignorant fellows wouldn’t just let me hold my peace.

Yesterday, the prosecution brought a witness to court who testified that indeed N400 million was transferred to Metuh’s account by Dansuki. Interestingly, none of the witnesses brought so far has said that they know what the money was meant for. All they say is that they know money was transferred.

So assuming money was indeed transferred to Metuh by the the former National Security Officer, and so what? If money is transferred to Metuh is that, ipso facto, a crime?

I visited some Buharist platforms yesterday and, typical of them, they were celebrating in ignorance . They think that if the court accepts the testimony of transfer of money , then Metuh is finished. I continue to laugh at their folly.

Let me say this – the mere transfer of money from Dansuki to someone is not a crime.

To show that a crime has been committed, you have so much work to do and so many things to prove. I repeat the Mere transfer of money from government to a private company for contract is not a crime in itself.

There is this misconception all over the place that every money the National security adviser disburses is for arms purchase. This is not true. The NSA’s job is not limited to purchase of arms. Nor is the budget of his office limited to arms purchase.

So it is erroneous to assume that every money the NSA disburses is meant for arms purchase. He is not just advisor on arms purchase. He is the National security adviser. He handles anything, not just arms, that ensures the security of the country.

He can contract with PR firms to make the public take public security more seriously. He can contract with TV stations to run Adverts and programmes with security content. He can contract with individuals and companies to protect and secure government utilities like oil pipeline. Anything that he, in good faith, believes would enhance the security of the country.

So the issues are: Did the NSA give Metuh the money for unlawful purpose? Or did Metuh use it for unlawful purpose?Among other things, the prosecution Must prove in court that the answers to the foregoing questions are ‘yes’.

Take NOTE, that by constitutional provisions and protection, Metuh is not under any obligation, whatsoever, to say whether he was given money or not. He is not under obligation to say what the money was meant for. He is not even under any obligation to say who gave him what. No. He is not under any obligation to say anything in court. The onus rest squarely and solely on those accusing him.

I dare not speculate on the possible outcome of this case. I dare not say what my thoughts are concerning whether the court will convict or acquit him.

But, I can say without any shred of equivocation that the mere transfer of money from government to a citizen is not a crime anywhere in the world.

Aniefiok I. Udoabasi is a legal practitioner and Head of Practice at The Brook Chambers. He is a chartered arbitrator and public affairs analyst. Connect with him on Facebook.

The opinions expressed in this article are solely those of the author.

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