An Abuja Federal High Court has quashed a fundamental rights suit filed by the National Publicity Secretary of the Peoples Democratic Party (PDP), Olisa Metuh.

Metuh in a bid to stop his ongoing criminal prosecution had filed the suit against the Economic and Financial Crimes Commission, alleging that he was unlawfully detained.

He is facing a seven count charge of money laundering and corruption and is also alleged to have misappropriated N400 million from the $2.1 billion arms deals scandal- for which former National Security Adviser, Sambo Dasuki, is being tried for.

Metuh’s lawyer, Onyeachi Ikpeazu, had filed a petition that sought to declare his client’s earlier detention by the EFCC as illegal and unlawful.

However, counsel to the EFCC, Sylvanus Tahir, argued against the petition, saying that Metuh’s detention wasn’t unconstitutional.

In making his ruling, the trial judge, Justice Okon Abang, stated that: “It is my view that the applicant cannot complain of being held illegally, if he was held by an order of court.”

“This court in determining his fundamental rights cannot overthrow the decision of the Magistrate Court.”

Justice Abang also noted that Metuh can challenge the order by going to the magistrate court that issued the first order to set aside its order.

“This court in its jurisdiction lacks power to declare the order that remands him for 10 days as unconstitutional since the remand order subsist,” the judge said.

“It is my view that the detainee cannot complain of unlawful detention by any department of the government where the detention was made with an order of court.”

The judge ruled that the applicant should pay the EFCC N15, 000 as damages, saying that the petition that he was held illegally, was unlawful.

Mazi Emeka