Col Sambo Mohammed Dasuki (retd) seeking to be discharged as a defense witness in the trial of former National Publicity Secretary of the Peoples Democratic Party (PDP), Chief Olisa Metuh.
The former PDP spokesman and his company, Destra Investments
Limited, are standing trial on a seven-count charge of money laundering
involving alleged cash transaction of $2 million and fraudulent receipt
of N400 million meant for procurement of arms from Dasuki when he was
the NSA.
The court had on Tuesday adjourned
till yesterday at the instance of the first defendant (Metuh) for the
subpoenaed witnesses, Dasuki and former President Goodluck Jonathan to
be in court to testify for the former PDP spokesman.
Dasuki had, through his counsel, Ahmed Raji (SAN) asked the court
to vacate the subpoena issued to him to appear in court to testify for
Metuh, until he is released from detention by the Department of State
Services (DSS).
Raji had argued on Tuesday that
Dasuki cannot be compelled to testify in favour of Metuh, adding that,
as an accomplice, Dasuki cannot be made to stand as a witness for a
co-accused person.
The senior counsel pleaded with the court to suspend the subpoena
execution, pending Dasuki’s release from DSS custody, as the law cannot
command what is impossible.
In a short ruling, Justice Abang, struck out Dasuki’s application
seeking vacation of the subpoena on him for been incompetent and lacking
in merit.
The Judge said the high court lacked the jurisdiction to entertain or review the pronouncement of the Court of Appeal.
According to Justice Abang, “From the argument of the applicant
(Dasuki), it seems he is dissatisfied with the judgment of Court of
Appeal if this is so, he knows where to go, what to do, certainly not to
come before this court.
“This is a legal impossibility. This court has no jurisdiction. I
agreed with the prosecution counsel who said it will be a judicial
anarchy.
“This court is bound to follow the pronouncement of the Court of Appeal.
“Again, the applicant is not a party to this matter in the first
instance. I have no jurisdiction to entertain the application on its
merit.
“There is no life in the application. It is incompetent and accordingly struck out”, ” the court held.
Meanwhile, former President Goodluck Jonathan was not in court
yesterday to testify for Metuh as he was yet to be served with the
subpoena issued by the court.
Justice Abang said it was Metuh that applied to compel Dasuki and
the former President to appear in court to testify for him and added
that, it is not the court that ordered them to appear to give evidence
on the matter.
He said, “I did not, on my own compel Dasuki and the former
President, Dr Goodluck Jonathan to give evidence in this matter. It is
the first defendant that applied for that and not the court.”
The Judge said there is a proof that the subpoena has been served
on the DSS to produce Dasuki in court yesterday to give evidence but the
former NSA was not released to do so by the DSS and no reason has been
given for that.
While Justice Abang held that the issue will be resolved
administratively, he also asked the prosecution counsel to advice the
Federal Government to produce Dasuki in court to testify as he is being
held in the custody of the DSS, which is an agency of the Federal
Government.
“As for former President Jonathan, he has not been served and as
such, cannot be blamed for not being in court”, Justice Abang held and
ordered the bailiff of the court to make extra efforts to effect
personal service of the subpoena on former President Jonathan.
The court then gave five days from yesterday for the bailiff to
effect service on Jonathan, for the law to take its course and added
that, if personal service became impossible, Metuh can apply to the
court for him (Jonathan) to be served the court document through
substituted means.
The matter was adjourned till October 31, 2017, for Dasuki and former President Jonathan to give evidence at the instance of the first defendant.
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