Again, Metuh’s trial suffers setback

The trial of former Peoples Democratic Party (PDP) spokesman, Chief Olisa Metuh, again suffered a setback when the matter resumed in court on Tuesday.

The setback followed the inability of the court bailiff to subpoena or serve former President Goodluck Jonathan with witness summon and the prayer by the former National Security Adviser ( NSA), Sambo Dasuki, that the court should refrain from compelling him to witness in the matter pending a current application at the Appeal Court.

Metuh, who is being tried for alleged fraud of N400 million before Justice Okon Abang of the Federal High Court Abuja, had demanded that both Jonathan and Dasuki be compelled to testify in the court since the allegation for which he is being tried directly involves them.

However, Dasuki’s counsel, Ahmed Raji, on Tuesday told the court that his client, Dasuki, had gone to the Appeal Court to challenge a previous decision of the high court which compelled the former NSA to appear as a defence witness in Mr. Metuh’s trial.

According to Raji, the court should set aside the subpoena pending when Mr. Dasuki is released from the custody of the Department of Security Service (DSS).

The trial judge had in a previous sitting refused the application, stressing that the decision to compel Mr. Dasuki to appear was made by a higher court, which he lacks jurisdiction to overrule..

But at the sitting on Tuesday, Mr. Raji said he had filed the application at the Appeal Court and would like the lower court to wait till the higher court decides on the current motion before it.

Mr Raji said, “The only thing we can do is to appeal to your Lordship to tarry to allow the Court of Appeal to determine the motion for stay of execution. It is my intention to withdraw the motion dated 25th October praying the court for a stay of execution, because of the similar motion filed at the Appeal Court.

“It is therefore my humble submission that in the light of the motion for stay of execution pending before the Court of Appeal, energy should not be dissipated on the execution of the subpoena because that could run against what the Appeal Court will decide upon, to the effect that once a motion like this is filed, the lower court will tarry.”

The prosecution counsel, Sylvanus Tahir, had earlier asked the court to order arrest of Dasuki for alleged telling an official of the SSS that he (Dasuki) would not come to court to testify.

But Mr. Raji, reacting on that, asked the court to set aside Mr. Tahir submission because it amounts to hearsay.

Ex-President Goodluck Jonathan’s lawyer, Mike Ozekhome, appearing for the former president told the court of his client’s request for Mr. Metuh to deposit N1 billion as travel and logistics expenses, before he can come to testify as a defence witness.

He noted that the application is made on eight grounds of argument pursuant to Section 241 (2) of the Administration of Criminal Justice Act.

He also said that his client got to know about the subpoena through the pages of the newspapers.

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Mr. Ozekhome said, “If there was no subpoena, we will not be here. He was sitting on his own jeje. The subpoena was issued and we heard it on the pages of the newspapers.”

A court clerk who was called to explain to the court about efforts made to serve Mr. Jonathan with subpoena said the bailiff was unable to serve the former president.

He said, “We could not serve the former president. The reason is that on getting there, (Jonathan’s house) an aide to the former president said Mr. Jonathan is not in the country and would return in November.”

 

 

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