The Abuja Division of the Court of Appeal on Friday ordered the Department of State Service (DSS) to produce the detained former National Security Adviser (NSA), Col Sambo Mohammed Dasuki (retd), before a Federal High Court in Abuja to enable him give evidence in the defence of a former National Publicity Secretary of the Peoples Democratic Party (PDP), Chief Olisa Metuh.
The three-member panel of Justices of the Court of Appeal, in the unanimous judgement delivered also ordered the trial judge, Justice Okon Abang, of the Federal High Court, Abuja, handling Metuh’s trial in the criminal charge filed against him by the Federal Government to immediately sign the subpoena filed by the former PDP spokesperson.
In the judgment prepared and read by Justice Peter Ige, the appellate court directed Justice Abang to indicate the date which the DSS must produce Dasuki in court and other subsequent dates.
The Court upheld Metuh’s appeal and nullified the February 23, 2017, ruling delivered by Justice Abang wherein the judge refused to grant Metuh’s application for a subpoena to be issued and served on Dasuki.
Recalled that the appellate court had last year, in a unanimous judgment dismissed Metuh’s application to stop his trial before Justice Abang and held that it was satisfied that the former PDP spokesman had a case to answer pertaining to the N400 million allegedly transferred from the Office of the National Security Adviser (ONSA), into the account of Destra Investment Limited, a company allegedly belonging to him.
The court held that the Economic and Financial Crimes Commission (EFCC) established a prima facie case to warrant explanations from Metuh.
The appellate court held that the trial judge, Justice Okon Abang, of the Federal High Court in Abuja, was right when he dismissed Metuh’s no-case submission.
Metuh and Destra Investment Limited were docked by the EFCC over alleged N400 million fraud.