N400m fraud trial: Metuh asks court to compel Jonathan to testify as witness

… As Dasuki wants court to set aside subpoena on him to testify

Andrew Orolua, Abuja.

The former National Publicity Secretary of the Peoples Democratic Party (PDP), Chief Olisa Metuh, on Monday asked the Federal High Court in Abuja for a subpoena to compel former President Goodluck Jonathan to appear in court to testify as witness in his ongoing trial over N400m received from the office of the National Security Adviser (NSA).

Counsel to the former PDP spokesman, Dr. Onyechi Ikpeazu (SAN), told the court after the evidence of the 7th Defence Witness, Samben Nwosu that the former National Security Adviser (NSA), Col. Sambo Mohammed Dasuki (rtd), was the next witness the first defendant (Metuh) intends to call.

Recalled that the trial judge, Justice Okon Abang, had earlier in a ruling, turned down Metuh’s request to subpoena the former NSA to appear in court to testify for him.

Dissatisfied with the ruling, Metuh challenged the decision of the trial court at the Court of Appeal, Abuja Division, which, in a judgment delivered on September 29, 2017 ordered Justice Abang to sign the subpoena to compel Dasuki to appear in court to testify for Metuh.

When Ikpeazu announced Dasuki as the first defendant’s next witness, Justice Abang asked if the defence has another witness, apart from the former NSA and Ikpeazu, in his response said the next defence witness is former President Goodluck Jonathan.

Ikpeazu said he had written to the former President and he has not responded and added that, “Our plan is to apply for the subpoena on the former President to compel him to come to court and testify for Metuh”.

He said the first defendant is yet to file application for the subpoena on the former President because the first one, in respect of Dasuki had not been signed

But, the presiding Judge, Justice Abang told counsel in the matter that he, in compliance with the order of the Court of Appeal signed the subpoena on Dasuki, compelling the former NSA to appear in court on October 25 (tomorrow) to testify for the former PDP spokesman.

Responding the prosecution counsel, Sylvanus Tahir, said the first defendant should call another witness apart from Dasuki and the former President Jonathan.

Meanwhile, Dasuki through his counsel, Ahmed Raji (SAN), has filed an application asking the court for an order setting aside the issuance and service of the subpoena compelling him to appear to testify for Metuh, until he (Sambo) is release from the custody of the Department of State Services (DSS).

Tahir said the prosecution will oppose the application by the former NSA because he is not a party in the matter.

“We will be filing a notice of preliminary objection because, this is not the appropriate court to file the application”, he told the court.

On their parts, Metuh’s counsel Ikpeazu and counsel to Destra Investment Limited Tochukwu Onwugbufor (SAN) said they will oppose Dasuki’s application.

After listening to submissions of counsel, Justice Abang said he had complied with the order of the Court of Appeal and had signed the subpoena against Dasuki to appear in court on October 25 at the instance of the defence.

He adjourned the matter till today for the first defendant to call another witness while Dasuki will appear in court tomorrow to give his evidence.

Justice Abang said the court will also take the application of the former NSA seeking an order of the court to set aside the subpoena issued against him.

In his application, Dasuki has stated that the subpoena is premature. He also said he would not be available to testify until the federal government comply with the bail granted him and release him so that he can refresh his mind.