Metuh's Trial: Why I will not appear in court ? Jonathan
... Jonathan, Dasuki ask Justice Abang to hands-off Metuh’s trial
Former President Goodluck Jonathan and detained former National Security Adviser, NSA, Col. Sambo Dasuki, retd, on Tuesday, asked Justice Okon Abang of the Federal High Court in Abuja to hands-off the ongoing trial of erstwhile National Publicity Secretary of the Peoples Democratic Party, PDP, Chief Olisa Metuh.
Jonathan, through his lawyer, Chief Mike Ozekhome, SAN, maintained that Justice Abang was bound to suspend further hearing on the case to allow the Abuja Division of the Court of Appeal to determine an appeal that was lodged before it by Dasuki.
Ozekhome anchored the request on Order 4 Rules 10 and 11 of the Court of Appeal Rules.
Dasuki had gone before the appellate court to challenge Justice Abang’s refusal to quash the subpoena that was issued to compel him to appear as a witness in Metuh’s trial.
Justice Abang had pursuant to an application by Metuh, summoned both Jonathan and Dasuki to appear and give evidence in the matter.
The former PDP spokesman who is answering to a seven-count corruption charge the Economic and Financial Crimes Commission, EFCC, preferred against him and his company, Destra Investment Ltd, had described Jonathan and Dasuki as his crucial and vital witnesses.
Failure of the duo to appear before the court on October 25 as they were directed, led to the trial Judge extending summons against them to yesterday.
Meanwhile, at the resumed proceeding, neither Jonathan nor Dasuki was present in court.
Rather, Dasuki’s lawyer, Mr. Ahmed Raji, SAN, drew attention of the court to his client’s pending appeal, saying there was need for the trial Judge to hands-off for the appellate court.
Neverthless, absence of Dasuki in court infuriated the defence lawyers who urged Justice Abang to issue warrant of arrest against the Director General of the Department of State Service, DSS, Mr. Lawal Daura.
In his submission, counsel to the 2nd defendant, Mr. Tochukwu Onwugbufor, SAN, argued that action of the DSS by refusing to produce Dasuki as it was ordered to do, was in contempt and disrespect to the court.
He urged the court? to apply the consequences provided by the law under section 244 of the Administration of Criminal Justice Act, 2015, and order Daura’s arrest.
Onwugbufor’s application for Daura to be arrested was immediately supported by both Metuh and Jonathan.
According to Jonathan’s lawyer, Chief Ozekhome, “My lord it is inconceivable that the DSS could not bring a person who has been in their custody for two years and who has not been proved to be violent. I think they are taking this court for a ride.
“This court is not a table tennis court, or basketball court or lawn tennis court.
“The applicable section, therefore, is section 243 and 244 of ACJA.”
However, EFCC lawyer, Mr. Sylvanus Tahir told the court that he was informed by the DSS that Dasuki refused to be brought before the court.
Tahir said EFCC had in compliance to the order of the court, liaised with the Legal Adviser of the DSS on the need for the former NSA to be produced to give evidence in the trial.
“Up till this morning, exactly a quarter after 7am, the said Legal Adviser informed me that they were ready and willing to bring the intended witness to court, but that the subpoenaed witness said he has been advised by his legal team not to come to court.
“I told the Legal Adviser that in the circumstances the DSS found itself, they should personally come to court this morning to explain their situation to the honourable court. Our own role was to facilitate by liaising with the DSS and we have played our part.”
Meanwhile, Dasuki’s lawyer, Mr. Ahmed Raji, SAN, and counsel to all other parties in the matter, including Jonathan, asked the court to discountenace Tahir’s submission, saying claim that the ex-NSA refused to honour the summon amounted to hearsay evidence.
Raji maintained that the claim was “damning and incriminating hearsay”, even as he urged Justice Abang to expunge it from his record.
In his ruling, Justice Abang declined to issue arrest warrant against Daura.
“I cannot come to a conclusion that the Director General of the DSS flouted the order of the court of appeal to produce Dasuki.
“In line with my pronouncenent at the last adjourned date, the issue will be handled administratively”, the Judge held.
He subsequently adjourned the matter till Wednesday for the DSS to produce the ex-NSA in court.
Justice Abang said he would first hear and deliver ruling on the motions by Jonathan and Dasuki before further proceeding in the trial.
He said Dasuki’s motion would be decided first, adding that its outcome would determine the fate of Jonathan’s motion.
The court said it would however not entertain any frivolous application from any of the parties.