Metuh and his company, Destra Investments Limited are being prosecuted by the Federal Government for allegedly receiving the sum of N400 million from the former National Security Adviser (NSA), Col Sambo Mohammed Dasuki (rtd) and used same for political activities of the PDP in the 2015 general elections.
Former President Jonathan was billed to appear yesterday to testify for the former PDP spokesman but was not in court as he was yet to be served personally with the subpoena notice by the court bailiff.
The registrar of he court informed the trial Judge, Justice Okon Abang that the court bailiff, Abah Peter had sworn to an affidavit of non service of the subpoena notice on former President Jonathan.
According to the bailiff, when he got to the Abuja residence of the former President on November 30, 2017 to serve him with the hearing notice one of his security aides told him that Jonathan travelled out of the country and that he (the bailiff) should come back on December 11, 2017 to serve the former President the subpoena summoning him to testify as a defence witness in Metuh’s trial.
Making his submissions at the resumed hearing of the matter yesterday, Metuh’s counsel, Chief Emeka Etiaba (SAN) told the trial Judge that himself, the lead defence counsel, Dr. Onyechi Ikpeazu (SAN), and Metuh, had received threats to their lives following their move to have Jonathan summoned to testify in the case.
Etiaba said the subpoena on Jonathan is one that has generated quite a lot of controversy, not just to his client alone but also to himself and Dr. Ikeazu,, representing the former PDP spokesman in the matter.
“This will not make us change our mind, we will insist Jonathan appears in court to testify in the case.
“We plead with the court to allow the bailiff make another attempt at effecting personal service on the former President with the subpoena on December 11, 2017“, Etiaba submitted and added that the defence will want Jonathan to be seeing as obeying the order of the court by appearing in court willingly to testify for Metuh.
Etiaba then asked the court for an adjournment to a date after December 11, to enable the court bailiff serve hearing notice on the former President personally.
He informed the court that Jonathan’s testimony in the matter is very important as, according to him, will determine whether Metuh will testify in the matter or not.
He said if Jonathan refused to come and testify after being served with the subpoena notice, the defence will then confer with the prosecution on the next step to take.
While opposing the application for adjournment by the defence, Sylvanus Tahir, representing the federal government in the matter said the personal service is not the only way through which summons can be served on a witness.
“The law is dynamic and proactive. While Section 123 (a) of Administration of Criminal Justice Act (ACJA) makes provision for personal service, there are alternative provisions, such as Section 124 of the same Act which provides for service by pasting the summons at some conspicuous part of the premises or places which the intended witness resides”, he said.
Tahir said the summons can be served on the intended witness through courier and added that due diligence has been exercised by the bailiff of the court, thereby justifying an alternative means of service.
He therefore called on the court to order Metuh to produce his next witness in the matter if effecting personal service on Jonathan was not possible or in the alternative, set aside the subpoena notice since Metuh who asked for it is not ready to execute it.
Delivering a bench ruling on the applications, Justice Abang agreed with the submission of the prosecution that due diligence has been exercised by the court bailiff, whom he said had failed in three attempts to serve Jonathan with witness summons personally.
The Judge said that Metuh’s failure to serve the former President with the witness summons through substituted means was intended to delay proceedings on the matter.
He however gave the bailiff time to make another effort in effecting service of the witness summons on Jonathan and adjourned the matter till today for Metuh to call his next witness in his defence.
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