Justice Okon Abang of the Federal High Court, Abuja on Thursday refused to grant an application by the former National Publicity Secretary of the Peoples’ Democratic Party (PDP), Chief Olisa Metuh, praying the court to summon the former National Security Adviser (NSA), Col Mohammed Sambo Dasuki (rtd) by way of a subpoena to testify him as witness.
Justice Abang also turned down another of Metuh’s request for the release of his international passport to enable him travel abroad for spinal cord surgery.
According to the Judge, the court had, in May last year refused Metuh’s application for the release of his international passport and wondered why a similar application was brought before the court again.
“The defendant ought to have appealed the earlier ruling of the court. This is not a sentimental or sympathetic issue. It is purely an issue of law. The applicant should not create problem for the court,” he held.
While dismissing the former PDP spokesman application to subpoena Dasuki for lacking in merit and substance, Abang held that the former NSA was not a compellable witness in the trial.
Having gone through the processes before the court, Justice Abang held that there was nothing before the court to show that the defendant 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 when that person is not a compellable witness. The name of Dasuki was not included in the list of witnesses filed by the defendant. The question is, at what stage did the defendant make up his mind to include Dasuki’s name in its list of witnesses?”
“The application is made in bad faith and with the intention to delay the trial. The defendant has exhausted all the adjournment he is entitled to, as stipulated in Section 394 of the Administration of Criminal Justice Act (ACJA). The 1st defendant is no longer entitled to any adjournment in this matter, having been granted eight adjournments since the commencement of the trial.
“Therefore, the application to issue a subpoena will not serve any purpose. The law is no respecter of persons. This application is lacking in merit and is hereby dismissed”, the court held.
However, there was tension in the court when the court asked Metuh’s counsel, Dr. Onyechi Ikpeazu (SAN) to call the next witness, shortly after the ruling, Ikpeazu told the court that the defendant had lost confidence in the court to go on with the trial.
Ikpeazu said, the court has shown clear bias against the 1st defendant (Metuh) and added that the ruling of the court was against the interest of justice.
He prayed the court to excuse itself from going on with the trial since the defendant had lost confidence in it, and that the application in that respect was made in the interest of justice.
“Every reasonable person in this country knows that we lack the capacity to meet the Department of State Service (DSS) and request them to release Dasuki to come and testify.”
“The court has clearly displayed bias against the 1st defendant” Ikpeazu said.
In his submission, the prosecution counsel, Sylvanus Tahir, said the insistence of the first defendant that he cannot proceed in this matter without the presence of Dasuki is misconceived, and found no accommodation in law.
He urged the court to order the defendant to proceed with his defence, and that the court should ignore the defendant’s application for the court to withdraw from the trial in line with Section 296(5) of ACJA.
According to the prosecution counsel, the allegation of bias against the court is misled and told the court to resist the temptation of withdrawing from the matter.
Tahir noted that there is no incidence of bias as alleged, adding that the court, which is not a robot, in considering an application needs to go through its records, to highlight what seriously happened in the case to enable it arrive at a decision.
“The allegation that the court listed instances of adjournments by the defendant does not amount to bias. The application is frivolous and the court should ignore it” he added.
Meanwhile, Justice Abang after listening to the submissions had, in a short ruling described Ikpeazu’s statement as “contemptuous” of the court.
He said, in contempt of the court, the judge is the complainant as well as the judge, but added that he will not take any action against Ikpeazu for the contemptuous remarks.
“Not because of fear or act of cowardice, but because the court is trained to develop thick skin against such statements, and also trained not to pick offence when offended,” Abang said.
He said a lawyer that is fond of scandalising a judge is building a bridge that himself will cross one day.
“I will allow you to go home today, not because the court is weak, but out of respect. You may not be lucky to go home if such contemptuous comment is made before another Judge,” Justice Abang said, and threw out the application for withdrawal from the matter for lacking in merit.
He said there is nothing before the court to show that it was bias in its earlier ruling, and directed Ikpeazu to call the first defendant’s witness to continue with the trial.
Following Ikpeazu’s request for adjournment which was not opposed by the prosecution counsel, the court adjourned the matter till March 20, 21, 22, 23 and 24, 2017 for Metuh to close his case and for the 2nd defendant, Destra Investment Limited to open its defence.
Metuh is being prosecuted by the Economic and Financial Crimes Commission (EFCC) for allegedly receiving the sum of N400 million from the former NSA, and using same for the campaign activities of the PDP in the 2015 Presidential elections.
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