Olisa Metuh: Court Orders DSS to Produce Dasuki in Court as Witness

By Alex Enumah in Abuja

The Court of Appeal in Abuja on Friday ordered the Department of State Service (DSS), to produce former National Security Adviser (NSA), Col. Sambo Dasuki Rtd. before the Federal High Court to give evidence in the trial of former Spokesman of the Peoples Democratic Party (PDP), Chief Olisa Metuh, who is being prosecuted by the Federal Government.

The Federal Government had arraigned Metuh on a 7-count charge bordering on criminal breach of trust and corruption as well as for money laundering offences.

 Metuh who was arraigned on January 15, 2016, was alleged to have received the sum of N400, 00000 (Four hundred million naira) from Col. Mohammed Sambo Dasuki, being proceeds of fraud. 

He pleaded not guilty to the charges and the court also granted his application for bail to enable him prepare for his trial. However in the course of his trial, Metuh  filed an application before the trial judge, Justice Okon Abang to subpoena Dasuki for him to come and testify in his (Metuh) defence, but the court turned down the request. 

Not satisfied with the decision of the lower court, Metuh then proceeded to the appellate court to seek redress. 

However delivering its ruling on the appeal yesterday, the Court in a unanimous decision by its three-man panel, ordered Abang to immediately sign the subpoena filed by the ex-PDP spokesperson.

Justice Peter Ige, who prepared and read the lead judgement of the appellate panel, directed Justice Abang to indicate the date which the DSS must produce Dasuki in court and other subsequent dates. 

It would be recalled that Justice Abang had on the 23 of February, 2017 declined to grant an application filed by the embattled former National Publicity Secretary of the Peoples Democratic Party PDP, Chief Olisa Metuh, praying the court to summon retired Col Mohammed Sambo Dasuki by way of a subpoena to testify as witness on grounds that the application was lacking in merit and substance. 

The court had held that Col. Dasuki was not a compellable witness in the trial since the defendant did not make any effort to invite him and failed. 

The judge held that having gone through the processes before the court, there was nothing before the court to show that the defendants had made any effort to reach the authorities keeping Dasuki and it was rejected.

“it is not the duty of the court to compel anyone to come and give evidence in court when that person is not a compellable witness.

 “The name of Dasuki was not included in the list of witnesses filed by the defendants. The question is, at what stage did the defendant make up his mind to include Dasuki’s name in its lists of witnesses? 

“The application is made in bad faith and with the intention to delay the trial. The defendants have exhausted all the adjournment it is entitled to as stipulated in S 394 ACJA. The 1st defendant is no longer entitled to any adjournment in this matter having granted eight adjournment since the commencement of the trial.

“Therefore, the application to issue a subpoena will not serve any purpose. The law it is no respecter of persons. This application is lacking in merit and is hereby dismissed,” he had ruled.