Metuh: Court summons Jonathan, Dasuki

A FEDERAL High Court in Abuja has insisted that former President Goodluck Jonathan and ex-National Security Adviser (NSA) Mohammed Dasuki must appear today to testify for the defence in the ongoing trial of ex-spokesman of the Peoples Democratic Party (PDP), Olisa Metuh.
Justice Okon Abang gave the directive yesterday despite the pending motion by Dasuki, challenging the witness summons issued on him and the uncertainty over whether or not Jonathan has been served with the subpoena issued by the court on Monday.
At the resumption of proceedings in the trial of Metuh and his company, Destra Investment yesterday, Justice Abang took argument from lawyer to Dasuki, Ahmed Raji (SAN) and other lawyers in the case on the motion by ex-NSA.
Arguing his client’s motion, Raji contended that there was no way Dasuki would testify in Metuh’s trial without implicating himself because the issues in the case and the three pending charges against him (Dasuki) were interlinked.

Raji prayed the court to set aside the subpoena issued on Dasuki or suspend the execution of the court summon until he (Dasuki) was released from prison.
He argued that his client’s long detention by the Department of State Service (DSS) since December 2015 has deprived Dasuki of ability to meaningful participate in Metuh’s trial
Raji said the DSS continued to detain Dasuki despite being granted bail by three separate municipal courts and also an order to be released by ECOWAS Court.
He said with his client’s continued detention, the ex-NSA had no access records that could enable him to give meaningful  evidence.
Raji argued that from the nature of the charges instituted against Metuh, Dasuki could be said to be an alleged co-accomplice.
He said the ex-NSA would “not be able to give evidence in the case without incriminating himself.”

Raji contended that Dasuki, as an alleged accomplice, was a competent witness, but not a compellable witness.
He stated that compelling Dasuki to give evidence would violate Section 36(2) of the Constitution, which guaranteed the right of a suspect to remain silent when arrested or detained.
Raji said Dasuki was not served personally with the subpoena, as such, the service of the subpoena through the Director-General of DSS was invalid.
Prosecuting lawyer, Sylvanus Tahir and lawyers representing Metuh and Destra, Onyechi Ikpeazu (SAN) and Tochukwu Onwugbufor (SAN) opposed Dasuki’s motion.
They argued that the court lacked jurisdiction to hear the application.
Tahir, Ikpeazu and Onwugbufor argued that granting the application by the court would amount to a violation of Section 287(2) of the Constitution, which they said prohibited a lower court from reviewing or varying the judgment of the Court of Appeal, which on September 29, ordered Justice Abang to sign the subpoena.
On Raji’s argument that his client, being an alleged accomplice could implicate himself, Tahir argued that such contention was without basis.
He said, “The applicant said he is an accomplice and his evidence will be self-incriminating
“That argument is contrary to section 198 (1) of the Evidence Act.”
On points of law, Raji said by virtue of the provisions of section 36 (11) of the Constitution “nobody standing trial shall be compelled to give evidence”.
He added none of the respondents had challenged “the fact that we have no access to records and we are not in right mental state to give evidence in this case”.
Justice Abang has reserved ruling on Dasuki’s motion till today.
He  said: “The outcome of the ruling will determine which step to take about the first subpoena(issued on Dasuki), but the orders compelling His Excellency, former President Goodluck Jonathan, and Col. Sambo Dasuki, to appear in court on Wednesday, October 25, 2017 at the instance of the first defendant (Metuh) still stand.”
Justice Abang had issued separate subpoenas on Jonathan and Dasuki upon applications by Metuh, who had requested the two men to testify in his defence in his ongoing trial.
The judge confirmed that the subpoena on Jonathan was issue upon the receipt of Metuh’s application for the summon to be served on the ex-President at about 3.59p.m. on Monday.
Justice Abang said: “In line with section 241(1) of Administration of Criminal Justice Act 2015, and having regard to the subsisting judgment of the Court of Appeal in the appeal, CA/A/159C/2017, between Olisa Metuh and Federal Republic of Nigeria  dated September 29, 2017 to the effect that it will be tantamount to violating the right of the first defendant (Metuh) to fair hearing not to sign the subpoena, I have no option  other than to sign a subpoena to compel former President Goodluck Jonathan to appear in court on September 25, 2017 (Wednesday)to give evidence at the instance of the first defendant,” he said.
When asked if Jonathan has been served with the subpoena, a registrar of the court said the bailiff of the court was yet to serve the subpoena on Jonathan as at yesterday morning.
Metuh and Destra are being prosecuted by the Economic and Financial Crimes Commission on a seven-count charge of money laundering involving alleged cash transaction of $2 million and fraudulent receipt of  million meant for procurement of arms from the Office of the NSA.
The EFCC alleged in the charges that Metuh and his firm used the N400 million for PDP’s campaign activities during the 2015 presidential election.