Justice Okon Abang of the Federal High Court on Wednesday refused to grant the prayer of the former Peoples Democratic Party secretary, Olisa Metuh, for the judge to order erstwhile National Security Adviser (NSA), Col. Sambo Dasuki (retd) to testify on his alleged N400 million fraud.
Counsel to the embattled former PDP’s secretary, Mr. Emeka Etiaba (SAN), had at the resumption of sitting on Metuh’s alleged fraud on Wednesday, told Justice Abang that his client has filed for subpoena to be issued on Dasuki to enable him appear before the court as a defence witness.
He argued that the application was in line with provisions of the Administration of Criminal Justice Act, 2015, adding that Dasuki’s presence will be significant in the charge against Metuh as he will be critical for the case of the defendants.
While Justice Abang refused to grant the prayer, he said in his response that the defence team should instead communicate with the prosecution and meet with the authority having Dasuki is its custody with their request of having him appear in court.
Abang said, “When you raised this matter earlier, I told you to liaise with the prosecution and reach out to the authority holding Col. Dasuki. I am sure they will oblige you. Talk to the prosecution.”
Counsel to the 2nd defendant, Chief Tochukwu Onwugbufor (SAN), in his submission chipped in that it was the duty of the Judge under the law to sign subpoena to order anybody to appear before him to give evidence on a case.
According to Onwugbufor, such duty under the law is the duty of the judge and not that of the parties in the matter.
His submission however did not make any difference as Justice Abang refused to change his position on the matter.
He instead, insisted that the parties meet with the authority holding Dasuki in custody.
A proceeding on the matter was later adjourned by the presiding judge till February 20 to 24 owing to medical reports from the National Hospital Abuja which confirmed that the defendant is on medical admission.
Metuh is accused by the Economic and Financial Crimes Commission (EFCC) of receiving N400 million from Dasuki before the 2015 general election without executing any contract.
He and his firm, Destra Investment Limited, are facing a seven-count charge preferred against them by the commission.
The alleged fund according to EFCC was electronically wired from an account NSA operated with the Central Bank of Nigeria (CBN) to Metuh, via account no. 0040437573, which his firm operated with Diamond Bank Plc.
Meanwhile, Metuh has maintained that the money he received was on the order of ex-President Goodluck Jonathan.
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