Metuh: Court, Again Orders DSS to Produce Dasuki in Court Tomorrow, Steps Down on Jonathan

Justice Okon Abang of the Federal High Court, Abuja on Tuesday re-ordered the Director General of the Department of State Service (DSS) to produce former National Security Adviser (NSA), Col Mohammed Sambo Dasuki (rtd) in court tomorrow to testify in the ongoing trial of former National Publicity Secretary of the Peoples Democratic Party (PDP), Olisa Metuh.

Abang, however, stepped down on the subpoena issued against former President, Dr. Goodluck Jonathan, on the ground that he (Jonathan) was yet to be served with the subpoena personally as required by the law.

The judge however said Dasuki may not be compelled to testify in the trial until his motion, praying for adjournment, is fully determined by the court.

Metuh and his company, Destra Investments Limited, are standing trial on a seven-count charge of money laundering involving alleged cash transaction of $2 million and fraudulent receipt of N400 million meant for procurement of arms from Dasuki when he was the NSA.

The court had at its last sitting adjourned till yesterday at the instance of the first defendant (Metuh) for the subpoenaed witnesses, Dasuki and President Jonathan, to be in court to testify for the former PDP spokesman.

However, at the resumed trial yesterday, both Jonathan and Dasuki were again absent in court. While the court was informed of the inability of the bailiff to effect personal service of the subpoena on Jonathan, the DSS or its representative was not in court to explain Dasuki's absence.

Dasuki had filed a motion challenging the decision of the court which last week turned down his request to set aside the subpoena issued against him by the court.

At the resumed hearing yesterday, Dasuki, in a fresh motion, prayed the court to adjourn the execution of the subpoena issued against him, pending the hearing and determination of the appeal he filed at the Court of Appeal, Abuja Division.

In the fresh motion brought pursuant to order 5 Rule 10 and 11, Dasuki, through his counsel, Mr. Ahmed Raji ( SAN), submitted that having lodged an appeal at the appellate court, it is incumbent on the lower court to allow the appellate court to determine the matter before executing the subpoena against him.

Raji said record of proceedings has already been compiled and transmitted to the Appeal Court, adding that Dasuki’s appeal had been entered and issued with a number as required by law.

The senior advocate further stated that a letter had been written to the presiding Justice of the Abuja Division of the Court of Appeal, praying for a departure from the rule and for an accelerated hearing of the appeal.

He stressed that it is in the best interest of justice for the high court to adjourn the execution of the subpoena against Dasuki.

Raji also urged the court to expunge the remarks of the prosecution counsel, Sylvanus Tahir, in which he alleged that Dasuki vowed not to appear in court; from the court record on the ground, it was hearsay evidence.