Abuja – Detained previous National Security Adviser, NSA, Col. Sambo Dasuki, retd, on Tuesday, gave reasons why he would not affirm in the continuous trial of recent National Publicity Secretary of the Peoples Democratic Party, PDP, Chief Olisa Metuh.
Dasuki kept up that it would not be appropriate for him to show up as Metuh’s observer under the watchful eye of the Federal High Court in Abuja since he was at that point marked as an accessory in the charge.
Tending to the court through his legal counselor, Mr. Ahmed Raji, SAN, the previous NSA said he would not mount the witness box to involve himself, saying he still couldn’t seem to get a duplicate of the subpoena the court issued to force his participation in the issue.
He told the court that his perspective “is currently in turmoil because of the protracted unlawful detention by the Department of State Service””.
Dasuki expressed his position on a day trial Justice Okon Abang affirmed that the court had similarly summoned previous President Goodluck Jonathan to show up on Wednesday to give confirm for the situation.
Equity Abang said his choice to summon Jonathan was in the general enthusiasm of equity and reasonable hearing.
Metuh who is offering an explanation to a seven-check charge the Economic and Financial Crimes Commission, EFCC, favored against him and his firm, Destra Investment Limited, had depicted both Jonathan and Dasuki as his “very important and crucial witnesses”.
EFCC is arraigning the respondents over affirmation that they got N400million from the Office of the National Security Adviser, ONSA, before the 2015 presidential race, without executing any agreement.
It said the store which was discharged to Metuh and his firm by Dasuki, on the request of previous President Jonathan, was a piece of about $2.1billion reserved for the buy of arms to battle rebellion in the North East.
The previous PDP representative was similarly blamed for taking part in illegal tax avoidance. EFCC charged that he was associated with an illegal exchange that included the trading of $2m.
Metuh’s legal advisor, Dr. Onyechi Ikpeazu, SAN, told the court that his customer chose to apply for subpoena advertisement testificandum to be issued against Jonathan after the ex-President censured letters his chambers kept in touch with him concerning the case.
In the interim, at the continued sitting on the issue yesterday, Justice Abang said he summoned Jonathan in accordance with a decision of the Court of Appeal in Abuja that blamed his before refusal to allow Metuh’s ask for subpoena to be issued against Dasuki.
He stated: “Indeed, at the close of business yesterday being October 23, 2017, precisely at about 3.59pm, the registrar forwarded to the court in chamber a subpoena to compel former President Goodluck Jonathan to appear in court to testify a the instance of the first defendant (Metuh).
“Therefore 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 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.”
An enlistment center of the court however affirmed to the Judge yesterday that the court’s bailiff couldn’t serve the subpoena on Jonathan.
Metuh had in his application, asked for that the summon be served on Jonathan in his Abuja home.
In any case, in spite of failure of the court’s bailiff to achieve the previous President, Justice Abang kept up yesterday that the two subpoenaed witnesses (Jonathan and Dasuki) must be in court today.
Equity Abang said he would right off the bat run on Dasuki’s movement to set aside the subpoena against him, before continuing hearing working on this issue.
The previous NSA had in his movement dated September 20 and predicated on segment 255, 492(3) of the ACJA, 2015, segments 183 and 198(2) of the Evidence Act, 2011, and segment 36(6) of 1999 Constitution, tested the subpoena against him.
He asked the court forAn order to set aside the issuance and service of the subpoena ad testificandum issued by this honourable court, for the purpose of compelling Col. Mohammed Sambo Dasuku, Rtd, to give evidence in this case.
And additionally, “An order to suspend execution or further execution of the subpoena ad testificandum issued by this honourable court, for the purpose of compelling Col. Mohammed Sambo Dasuku, Rtd, to give evidence in this case, pending his release from the custody of the DSS”.
Dasuki told the court that he has been in the unlawful authority of the DSS in opposition to orders that conceded him to abandon September 1, 2015, in control No FHC/ABJ/CR/319/2015, on December 18, 2015, in control No. FCT/CR/42/2015 and December 21, 2015, in control No FCT/CR/43/2015.
He said the respectability of his capacity to stand trial in the specified charges, even with his proceeded with unlawful detainment, is at present the topic of two interests pending at the Supreme Court.
Dasuki said that having not depleted his privilege of advance, “It will be overreaching on the Applicant and pre-emptive of the Suprem Court, if the Applicant is compelled to give evidence in this case, bearing in mind that the subject matter thereof is intricately knitted to the current charges filed against him”.”.
He said he has not been managed the chance to go home or to get to applicable documents, records and reports required to revive his memory of any choices/moves he made or approved while in office.
He said his protected ideal to reasonable hearing/trial would be antagonistically biased in the event that he is constrained to affirm or give confirm in Metuh’s trial, while still in guardianship, in negligence of the interests effectively set down for hearing at the Supreme Court on January 25. 2018.
The ex-NSA additionally battled that the subpoena was served on the Director General of the DSS rather than on him by and by.
In addition, in a 28-paragraphed affirmation that was dismissed to by one David Ogundipe, Dasuki said his extended and subjective detainment has adversely affected on his perspective.
“Such that makes him unfit to stand any trial now or give evidence relating to his actions or omissions in office.
“I know that the issuance of a subpoena at this stage is inchoate and premature. It will be tidier and neater, if this honourable court grants the instant application, by either setting aside the subpoena ad testificandum, or suspend its execution.
“It is in the interest of justice that this application is granted”, he included.
Neverthless, both EFCC and Metuh, yesterday, encouraged the court to reject Dasuki’s movement.
While supplicating the court to maintain the subpoena, Metuh’s attorney censured that the DSS disregarded two letters his customer composed for the confined ex-NSA to be discharged to show up under the watchful eye of the high court to affirm for his benefit.
On his part, EFCC attorney, Mr. Sylvanus Tahir, contended that the summon was authoritative on Dasuki since the subpoena was issued in consistence to a subsisting request of the investigative court.
He contended that emptying the subpoena on Dasuki would add up to Justice Abang overruling the Court of Appeal.
Similarly, advice to Metuh’s organization, Mr. Tochukwu Onwugbufor, SAN, encouraged the court to demand the nearness of both Jonathan and Dasuki as observers in the issue.