At the resumed hearing of the matter yesterday, the Judge stepped down on the subpoena issued on former President Goodluck Jonathan because he (Jonathan) had not been served with the subpoena.
Justice Abang said the former NSA may not be compelled to testify in the trial of the former PDP spokesman until his motion, praying for adjournment is fully determined by the court.
Dasuki had filed a motion challenging the decision of the court which, last week turned down his request to set aside the subpoena issued on him by the court.
In the fresh appeal, Dasuki is praying the court to adjourn the execution of the subpoena until the hearing and determination of the appeal he filed at the Abuja Division of the Court of Appeal.
The motion, the former NSA, through his counsel, Ahmed Raji ( SAN) told Justice Abang that, having lodged an appeal at the appeallate court, it is incumbent on the lower court to allow the appeallate court to determine the matter before executing the subpoena against him.
He claimed that he had already compiled the record of proceedings and transmitted same to the Appeal Court and that his appeal, numbered CA/A/159C/B/17 had been entered as required by law.
On the allegation raised by the prosecution counsel, Sylvanus Tahir that Dasuki said he will not appear in court to testify for Metuh, Raji told Justice Abang to expunge that submission from the record of the court on the ground that, it was a hearsay evidence.
He said, apart from the fact that the prosecution was quoting another source on the evidence, “the evidence itself is in-criminating, damaging and not admissible under the Evidence Act”.
Raji pleaded with the Judge not to issue bench warrant against the DG of DSS on the subpoena to Dasuki on the ground that Dasuki had placed necessary document before the judge to show that he (Dasuki) is already before the Court of Appeal to challenge the competence of the subpoena.
Dasuki’s motion seeking the adjournment is expected to be heard today.
Although, former President Jonathan was not present in court during yesterday’s proceedings, his counsel, Chief Mike Ozekhome ( SAN) urged the court to wholly set aside the issuance or service of subpoena against the former President.
The court had, on October 23, 2017, at the instance of Metuh issued a subpoena to compel Jonathan to appear in court for the purpose of giving evidence in his trial on an alleged corruption.
Ozekhome also asked the court to order Metuh to deposit the sum of N1 billion in the custody of the court, in line with the provision of Section 241 of the Administration of Criminal Justice Act (ACJA), 2015 before he can appear in court to testify for him.
Jonathan, in a motion filed on his behalf by Ozekhome explained that the N1 billion is for his travelling expenses and those of his security personnel from Utuoke in Bayelsa state to Abuja and also for logistics and tight provision of security through out the period he have to stay in Abuja for the matter.
The former President urged the court to void the subpoena issued against him.
However, the subpoena against the former President was stepped down by the court following evidence from the court registrar that Jonathan had not been served with the document personally as required by the law.
The court registrar who read out in the open court an affidavit of non service explained that the house of the former President in Abuja was contacted by the bailiff of the court and that the bailiff was told that Jonathan had travelled out of the country and is being expected back in the country anytime in November.
In his bench ruling, Justice Abang asked the DSS boss to produce Dasuki in court today, while the subpoena on the former President was stepped down due to non service and added that, Metuh, who sought to invite the former President to testify for him knows what to do in the area of substituted service as allowed by law.
Recalled that the former NSA asked the court to discharge him as a defence witness in Metuh’s trial.
The matter continues today for hearing the motion of both Dasuki and Jonathan.
The former PDP spokesman and his company, Destra Investments Limited, are standing trial on a seven count, for allegedly receiving the sum of N400 million meant for procurement of arms from Dasuki, when he was the NSA.
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