Tobi Soniyi in Abuja
A former National Publicity Secretary of the Peoples Democratic Party (PDP), Chief Olisa Metuh, yesterday asked Justice Okon Abang of the Federal High Court in Abuja to subpoena the former National Security Adviser (NSA), Col. Sambo Dasuki (rtd), currently in custody of the Department of the State Services (DSS), to testify as a defence witness in his trial.
Metuh and his company, Destra Investment Limited, are charged with a seven-count of illegally receiving N400 million from the former NSA and money laundering.
He was not in court as his legal team told the judge that he was still in the hospital.
At the resumed trial yesterday, counsel to Metuh, Mr. Emeka Etiaba (SAN), reminded the trial judge, Justice Okon Abang of the subpoena pending before the court since last December, requesting him to order Dasuki to appear as a defence witness, in line with the provisions of the
Administration of Criminal Justice Act (ACJA).
Etiaba told the court that Dasuki is a key element in the charge preferred against Metuh and that his appearance in court was critical to the case of the defence.
Responding to Etiaba’s request, the trial judge said the defence team should liaise with the prosecution and reach out to the authority detaining Dasuki to allow him appear in court.
The judge said: “When you raised this matter earlier, I told you to liaise with the prosecution and reach out to the authority holding Dasuki. I am sure they will oblige you. Talk to the prosecution.”
On his part, counsel to the second defendant, Mr. Tochukwukwu
Onwugbufor (SAN), said it was the duty of the court to issue a subpoena to anyone to appear in court.
He said the defence team had on December 2, 2016 prayed the court to subpoena Dasuki to appear before it as the next
witness on the ground that since the allegation against Metuh revolved around Dasuki, it was important for Dasuki to be a witness in the matter.
Meanwhile, the defence team had at the resumed hearing of the proceedings yesterday presented a medical report from
the National Hospital Abuja with details of Metuh’s health condition.
The defence team told the court that Metuh was unable to appear in court because he was admitted at the National Hospital Abuja, from complications arising from spinal cord injuries.
Etiaba said medical experts handling the defendant’s ailment were unable to give the specific date for his full recovery due to the nature of the ailment.
He then asked the court for a three- week adjournment to enable the defendant to recuperate and also seek further medical attention.
Onwugbufor, on his part, told the court that he had seen the medical report and that what Metuh was suffering from was excruciating and required expert attention to ensure full recovery.
Prosecuting counsel, Mr. Sylvanus Tahir, said he was not opposed to an adjournment, adding that the prosecution sympathised with the defence and wished the defendant quick recovery.
“We have been served with the medical report of the defendant and we have little or nothing to say since the record speaks for itself. All we can say is that we extend our sympathy to the defence.
“With regards to the request for a three-week adjournment, we are taking them by their word since the medical report did not give an indication about how soon the defendant will be discharged. I am not opposed to the adjournment,’’ Tahir said.
Justice Abang consequently adjourned the matter till February 21 to 24, 2017, for continuation of heari
