Dasuki’s Subpoena: Court rules on motion seeking to stay Metuh trial

The Federal High Court in Abuja has declined to issue warrant of arrest on the director general of the Department of State Security Service (DSS) to produce former National Security Adviser Col. Sambo Dasuki (rtd)in court to testify in the trial of former National Public Secretary of Peoples Democratic Party, Chief Olisa Metuh.

Rather than issuing further order, Justice Okon Abang said the court will rule today on Dasuki application seeking to stay the execution of the subpoena pending the determination his appeal.

The judge said if the applicant application succeeds there will be no need to take President Goodluck Jonathan’ s application seeking to set aside the subpoena issued against him to appear in court to testify as Metuh witness.
But , if Dasuki application failed the court will take the Jonathan application and rule on it.

Justice Abang ruled that the court was not convinced the DSS had refused to produce Dasuki in court. He discountenanced prosecution submissions that Dasuki has say he was not coming to the court. He said the submission was ‘a hear say’ which is not admissible in court.

Although, Dasuki has been served with a subpoena to appear and testify in the matter, he was again absence in court yesterday. Justice Abang said he believed the DSS will produce Dasuki in court today following a test message from the director legal service DSS to the prosecution counsel Sylvanus Tahir.

However, the court will still rule whether or not to stay further proceeding on same subpoena issued on Col. Dasuki (rtd) to testify in the ongoing trial of Metuh who is accused of receiving N400m from NSA office in 2015.

Justice Okon Abang reserved the ruling on the fresh application for a stay of execution of the subpoena that has been served on the Department of State Security Services (DSS) to produce him in court.

Dasuki had in the appeal lodged at the court of appeal challenged the lower court refusal to excuse himself from testifying in the case as Metuh witness .

Ahmed Raji (SAN), counsel to Dasuki told the court that the appeal has been entered at the court of appeal. He urged the lower court to tarry a while with the subpoena pending the determination of the appeal.

Emeka Etiba (SAN) counsel to Metuh and Tochukwu Onwugbufor (SAN), counsel to the 2nd defendant; Destra Investment Ltd, did not opposed the application for a stay of execution although they vehemently opposed Dasuki absence .
On his part, the prosecution said he was served yesterday with Dasuki processes and would oppose the application for a stay of the trial because specifically the application has asked for only stay of the execution of subpoena.

Andrew Orolua, Abuja.