The Federal High Court, Abuja, presided over by Justice Okon Abang, has adjourned the case of the former Peoples’ Democratic Party’s National Publicity Secretary, Olisa Metuh to November 3, 2017.
Justice Abang dismissed an application filed by the former National Security Adviser, Col. Sambo Dasuki, to set aside the subpoena issues on him to appear as a witness in Metuh’s case.
Justice Abang noted that granting Dasuki’s application would amount to a breach in the earlier judgement of the Court of Appeal, delivered on September 29, 2017 directing him to sign and execute the subpoena on Dasuki.
Dasuki answering questions from Metuh’s lawyer, Mr Emeka Etiba, told the court that he could no longer remember the details of the N400m given to Metuh, before the 2015 General Elections.
“Three years is a long time to recall such. I cannot answer questions on the charges without consulting my records”.
He pointed out that his illegal detention by the Federal Government had deprived him from getting access to documents that could help him give evidence on the case.
“I have four bail court orders and an ECOWAS Court ruling. When they release me, I can go through the records. That is when I will be able to give a timeline. As long as I am in detention, the answer is I don’t know”.
Meanwhile, Justice Abang said the Court lacked jurisdiction to entertain the application filed by the former President, Goodluck Jonathan since he was yet to be served the subpoena issued by the Court on October 23, 2017 on the application of the 1st defendant (Metuh).
In an application filed by Jonathan through his lawyer, Mike Ozekhome (SAN), he directed Metuh to pay the sum of N1bn to cover travelling expenses for him and his security aides.
“Unless his Excellency, Dr Jonathan is served with the subpoena and the proof of service is duly filed and placed before the court, I have no jurisdiction in making an enforceable order, which is executory in nature, even if the order is declaratory, either in his favour or against him.
“Dr Jonathan, with the greatest respect to him, cannot rely on a newspaper publication or news item from the electronic media to come to the conclusion that the subpoena is vague. It is hearsay evidence, which has no relevance in court of law”.
November 3 Court Judgement
Justice Abang in his ruling today dismissed the request of Metuh’s lawyer to adjourn the case in order to enable the former National Security Adviser, Col. Sambo Dasuki have access to his records.
“The fact that the witness is in custody of the state has nothing to do with the ability of counsel to 1st defendant to ask questions that will elicit relevant answers.
“What is relevant is the ability of counsel to the 1st defendant to elicit relevant evidence from the witness to enhance the success of his case. The detention of the witness in custody of the state is not relevant, I so hold”.
Dasuki was shown the content of an e-payment previously tendered as an exhibit on which his name and signature appeared authorizing the payment of the said amount to identify and confirm.
Dasuki thereafter was asked to read out the purpose of the payment as contained in the exhibit to which he read thus “the purpose of payment: payment for security services”.
He however noted that his name was typed out. Answering questions from the prosecuting counsel, Dasuki maintained his earlier position saying “if you want an answer, I still have to refer to my records”.
Dasuki was discharged by the Court after concluding his testimony. The case has been adjourned till December 4, 2017.
