*Dasuki declines court order to testify over
continuous detention
By Emma Ella
Former National Publicity Secretary of the Peoples
Democratic Party, Chief Olisa Metuh, on Monday revealed plans to get former
President, Dr. Goodluck Jonathan, to testify in his ongoing trial of
allegations of fraud against before the Abuja division of the Federal High
Court.
Metuh's desire to get Jonathan into the witness box
through a court order is coming just as former National Security Adviser (NSA),
Colonel Sambo Dasuki, has said he would not appear in court to testify for
Metuh until he is released from custody.
The Court of Appeal in Abuja had on September 29
ordered the Department of State Service (DSS) to produce Dasuki before the
Federal High Court in Abuja to enable him to testify as Metuh’s witness.
Metuh and his company, Destra Investments Limited,
are been prosecuted by the Economic and Financial Crimes Commission (EFCC) on a
seven-count charge of money laundering involving alleged cash transaction of
$2million.
He is also alleged to have received the sum
N400million meant for procurement of arms from the NSA office on November 22,
2014.
At the resumed trial on Monday, Counsel to Metuh, Dr. Onyechi Ikpeazu (SAN), told the
trial Judge, Justice Okon Abang, that he had written to Jonathan, requesting
him to appear in court to give evidence on behalf of his client but that the
former President did not reply.
Consequently, Ikpeazu informed the court that he
had intention to apply for subpoena to be issued on Jonathan to appear in court
and testify.
“We have
another witness on subpoena, and at the end of the evidence of this other
witness, we will take a decision on whether or not the first defendant (Metuh)
will testify.
“The other witness we want to subpoena is Goodluck
Jonathan, former President of the Federal Republic of Nigeria.
“We did not
before now apply to compel Jonathan to appear on this matter. We wrote a letter
but he did not respond and our plan will be to apply for the subpoena after the
first application for subpoena to be issued on Dasuki," Ikpeazu told the
court.
Responding, prosecuting counsel, Sylvanus Tahir,
said it is the duty of the counsel of the first defendant not to harbour that
as an intention but to accomplish it with necessary application.
Midway into the trial, Justice Abang informed the
court that he had complied with the decision of the Court of Appeal which held
that he should compel Dasuki who is been held by the DSS to appear in court and
give evidence.
He said the subpoena was signed on October 3, and
called on the court registrar to confirm service on the DSS.
Justice Abang said the court had already scheduled
the former NSA to appear in court October 25 to tell the court all he knew
about the matter.
He also informed the court of a motion by counsel
to Dasuki, Ahmed Raji (SAN), and called on him to identify his application.
Responding, Raji told the trial judge that he is opposing
the request to compel the ex-NSA to testify as defence witness.
According to him, "There is an application by
way of motion, dated October 20, and filed on the same day.
“Parties have also been served. The application
seeks an order to set aside the subpoena issued to compel Dasuki to appear
before the court to testify, or an order suspending the execution of the order
pending the release of the applicant from the DSS custody.
Dasuki, who is facing several charges, including criminal
breach of trust, fraud and illegal possession of firearms among others
preferred against him by the federal government has been granted bail by three
different courts in Nigeria and the Economic community of West African States
(ECOWAS) Court of Justice but has been in the DSS custody since December 2015.
When called upon for their reaction to Dasuki's
motion, while counsel to the federal government stated that he is vehemently
opposed to the motion and will reply on point of law, Metuh's counsel however said he was partially
opposed to the motion, adding that it would be unfair for the witness to still
be in the custody after he has been granted bail.
Similarly, counsel to the second defendant, Tochukwu Onwugbufor SAN, who shared similar
belief with counsel to the first defendant on the plight of Dasuki, however,
said he would need to study the application before he can decide whether to
oppose it or not.
In his ruling, Justice Abang in line with the
decision of the Court of Appeal ordered that Dasuki should come and testify
before the court in Metuh's trial.
"After listening to all the party's
submissions, it is my humble view in accordance with the 1999 Constitution and
Evidence Act that there is no particular manner to adopt or call witnesses.
"I will hear the oral application of the
counsel of the first defendant seeking to subpoena President Jonathan to
testify in this court.
"I am adjourning till October 24 in the instant
of the first defendant and October 25 for Dasuki, who will come forth to give
evidence," he added.
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