The clarifications were made due to certain public misconception on issues regarding the application by Chief Metuh
– Metuh had made moves for the former National Security Adviser, Colonel Sambo Dasuki (rtd), to appear before the court to give evidence in his on-going trial.
A member of Chief Olisa Metuh’s legal team, Barrister Ben-Chuks Nwosu has clarified why they requested the Justice Okon Abang of the Federal High Court Abuja to issue an order compelling the Directorate of State Services (DSS) to produce Dasuki to appear before the court to give evidence in Metuh’s on-going trial.
According to Nwosu, the prosecution’s case is that Metuh reasonably ought to have known that the 400 million paid into his account is part of the proceeds of alleged unlawful activity of Dasuki.
”By the tenor of the charge, our client has not been charged with stealing or corrupt enrichment knowingly but for receiving payment, which came from an alleged unlawful activity of Col. Sambo Dasuki (rtd).
”It is the case of the defence from the onset that they need the evidence of Col. Sambo Dasuki (rtd) to establish their innocence,”Nwosu said.
Sometime in November 2016, the learned trial judge on the prompting of the prosecutor, requested for list of the defendant’s remaining witnesses.
On Wednesday, November 23, 2016, the defence submitted a list of six names, four of which bore names while two other witnesses were to be on subpoena.
On December 2, 2016 Metuh informed the court that Dasuki was one of the witnesses to be subpoenaed. On the same date he applied to the court to issue a subpoena ordering the DSS to release Dasuki to appear as his next witness.
On two occasions in December 2016 (and in the open court), the 1st Defendant’s Counsel (Mr Emeka Etiaba SAN) reminded the trial judge to sign the pending subpoena to enable Dasuki appear on the day for the continuation of trial.
Instead of issuing the subpoena as vested on him by the law, the trial judge asked the defendant to speak with the prosecution counsel, as the prosecution represented the state in whose custody Dasuki is.
He directed that the defence should approach the court for further action if the effort to get Dasuki through the prosecution fails.
At the end of proceedings on Wednesday, January 11, the defence counsel again reminded the court of the pending subpoena and told the court that the prosecution counsel had not been forthcoming on the directive of the court, a position which was collaborated by the prosecution counsel who informed the court that such was not part of his duty in the court.
Having failed to sign the subpoena which has been pending for over two months, the 1st Defendant’s Counsel out of abundance of caution, filed the extant motion.
Meanwhile, Metuh on Thursday, February 23, asked Justice Okon Abang of the Federal High Court, Abuja, to disqualify himself from continuing with his matter.
Metuh, who made an oral application through his counsel, Mr Onyeachi Ikpeazu (SAN) , said he no longer has confidence in the court presided over by Abang.
The application followed the court’s refusal to grant two applications filed by Metuh, one praying the court to summon Dasuki by way of a subpoena to testify as witness.