Metuh, whose trial was to continue on Tuesday, was absent from court on the strength of the medical report.
Justice Abang said the medical report was unhelpful to the court as it failed to indicate the period that would be sufficient for Metuh’s bed rest at the hospital.
The judge had on Monday adjourned till Tuesday for the continuation of the testimony of the fifth defence witness, Mr. Richard Ihediwa.
After the case was called on Tuesday, Ihediwa, a journalist who served as special assistant to Metuh, mounted the witness box, but Metuh was absent.
The judge then inquired from Metuh’s lawyer, Dr. Onyechi Ikpeazu (SAN), about the whereabouts of his client.
In response, Ikpeazu said the defendant was on a bed rest at the National Hospital, Abuja.
Ikpeazu then passed to the judge a medical report signed by a neurosurgeon consultant at the National Hospital, Dr. O.O Olaleye, confirming that Metuh was in the hospital for a bed rest.
The lawyer sought an adjournment of the case contending that the situation in section 352(4) of the Administration of Criminal Justice Act 2015, in which the judge is allowed to proceed with a criminal trial without the defendant present in court, had not arisen.
The provision of the law provides that the court may proceed with a criminal trial if a defendant already granted bail is absent from court in violation of a court order or in the absence of any good reason for the absence of the defendant.
But the judge, in a ruling which he delivered after entertaining the submission of parties to the case, noted that although, Metuh had good reason to be absent from court, the medical report was unhelpful, as it failed to indicate the period which the rest would last.
The judge said the omission of the period for the bed rest in the medical report had left doubt as to whether the report was issued in bad or good faith.
He ruled, “I have considered section 352(4) and 266(a) and (b) of the Administration of Criminal Justice Act cited by counsel.
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