N400m alleged fraud: Appeal Court adjourns Metuh’s appeal indefinitely

THE Court of Appeal, Abuja Division on Wednesday reserved a date that will be communicated to counsel in the appeal brought before it by the former National Publicity Secretary of the Peoples Democratic Party (PDP), Olisa Metuh challenging the decision of the Federal High Court in Abuja which dismissed his application to suphean former National Security Adviser (NSA), Col Sambo Mohammed Dasuki (rtd) to testify for him in court in the criminal charge filed against him by the Federal Government.

Recalled that Justice Okon Abang had refused Metuh’s application to issue a subpoena compelling the Directorate of State Services (DSS) to produce Dasuki to appear in court to testify for him.

Justice Abang, while dismissing Metuh’s application ruled that Dasuki is not a compellable witness and ordered the defendant (Metuh) to seek other ways of getting the DSS to produce Dasuki to testify for him.

The former PDP spokesman had approached the trial court to issue the subpoena as the defence has made several moves including correspondences to get the DSS to produce Dasuki to no avail.

Following the dismissal of the application by the trial court and the failure of the DSS to produce Dasuki in Court, Metuh took the matter to the Court of Appeal for intervention.

Metuh told the trial court that the evidence of the former NSA is needed to establish his innocence in the charges preferred against him by the Federal Government.

Metuh was principally charged because he reasonably ought to have known that the N400 million paid into his account forms part of the proceeds of alleged illegal activities of Dasuki. The defence therefore holds that the appearance and testimony of Dasuki is crucial for the establishment of the justice of the case.

Metuh is seeking the Court of Appeal to upturn the dismissal of the ruling by the trial court so that DSS will be compelled by order of court to produce Dasuki to testify in the case in which his name featured in five out of the seven charges preferred against him.

When the matter came up yesterday at the Court of Appeal, Metuh’s counsel, Dr Onyeachi Ikpeazu (SAN) prayed the appellate court for quick determination of the appeal as the matter is still pending at the trial court and that Dasuki is needed for the defendant to prove his innocence.

After listening to the submissions of parties in the appeal, the panel of Justices of the Court of Appeal adjourned indefinitely to rule on the appeal by Metuh.

The former PDP spokesman is being prosecuted by the Federal Government for allegedly receiving the sum of N400 million from the former NSA and using same for political activities of the PDP in the 2015 general elections.