—-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.”
Later in the course of the proceeding, Tahir
announced the appearance of one Mr. Echika Owete who he said was sent to
represent the DSS. He urged Justice Abang to ignore request for an arrest
warrant to be issued against the DSS DG. “It appears my lord that the DSS
indeed made genuine effort to bring the witness. The Legal Adviser sent me
another text message around 9:45am that Dasuki has finally agreed to appear
before this court. He said the message read: “Subject is still adamant and
blatantly refused to appear in court except by force. However after much
pleadings he has agreed to appear on subsequent date. So you may apply for a
short date within the week”.
Meantime, 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. Earlier, Jonathan’s lawyer told the court
that his client filed the motion for the subpoena issued against him to be set
aside. In the alternative, Jonathan asked the court to compel Metuh to provide
the sum of N1billion to cover for travelling expenses of himself and security
personnel that will travel with him from his hometown in Otuoke, Bayelsa State.
While EFCC told the
court that it would not oppose the motion, Metuh’s lawyer, Mr. Emeka Etiaba,
SAN, said his client would study Jonathan’s motion and decide on next line of
action to take. He said Metuh’s request to have Jonathan as his witness has
been misconstrued by the public. “My lord the 1st defendant feels pained by
very dangerous insinuations that have been acsribed to his decision to call-in
an evidence that will help him to go through this phase of his life”, Etiaba
added.
Ozekhome had told the
court that Jonathan got to know about the subpoena issued against him from
reports in newspapers. He said his client had yet to recieve a copy of the
summon. While confirming the development, the court registrar informed Justice
Abang that the bailiff could not serve the process on Jonathan. He said the
bailiff further deposed an affidavit of none-service dated October 30 to the
effect that he could not reach Jonathan. In the affidavit, the bailiff told the
court that when he got to the ex-President’s house in Abuja, a security
personnel at the compound who refused to disclose his name, told him that
Jonathan travelled abroad and would not be back in the country till next month.
Justice Abang had on October 25, handed the bailiff five days to serve the
subpoena on Jonathan to enable him to appear as a witness in Metuh’s trial.
EFCC had in the charge
before the court, alleged that the former PDP spokesman had before the 2015
presidential election, received N400million from the Office of the National
Security Adviser, ONSA, without executing any contract. It said the fund which
was released to Metuh and his firm by the erstwhile NSA, Col. Sambo Dasuki, retd,
was part of about $2.1billion earmarked for the purchase of arms to fight
insurgency in the North East. He was equally accused of money laundering. EFCC
alleged that Metuh engaged in an illicit transaction that involved $2m.
Credit: Vanguard
Comments
Post a Comment