Justice Okong Abang of the Federal High Court sitting in Abuja has directed the court bailiff to serve the former President, Goodluck Jonathan with a summon within five days.
ustice Abang ordered the prosecution to persuade the Department of State Security (DSS) to produce the former National Security Adviser, Colonel Sambo Dasuki in court at the next trial which is October 31, 2017.
According to the judge, it will enable the summoned witness to appear in court to testify at the instance of Mr Metuh.
It would be recalled that Justice Abang had on Monday and Tuesday, issued subpoena ad testificandum for both Jonathan and Dasuki to appear as witnesss in the matter. Metuh had discribed the duo as his crucial witnesses.
Metuh is answering to a seven-count charge the Economic and Financial Crimes Commission, EFCC, preferred against him and his firm, Destra Investment Limited EFCC alleged that the former PDP spokesman had before the 2015 presidential election, received N400million from the Office of the National Security Adviser, ONSA, without executing any contract.
It said the fund which was released to Metuh and his firm by the erstwhile NSA, Col. Sambo Dasuki, retd, was part of about $2.1billion earmarked for the purchase of arms to fight insurgency in the North East. He was equally accused of money laundering. EFCC alleged that he was engaged in an illicit transaction that involved $2m.
Justice Okon Abang also directed that the summon be served on Jonathan through substituted means, in the event that the court’s bailiff failed to reach him personally. The judge held that under section 36(6) of the 1999 Costitution, the former President remained a witness desired to testify in Metuh’s trial.
“The bailiff is given five days from today to effect personal service of the subpoena on his excellency Dr. Goodluck Jonathan. Under section 124 of the Administration of Criminal Justice Act, the bailiff is an agent of the 1st defendant for the purpose of substituted service of the process on Dr. Jonathan.
“This is because the 1st defendant elected to call him as a witness in this matter and not the court”, Justice Abang held. The bailiff had deposed in an affidavit that he was unable to effect personal service of the summon on the former President at his Abuja home.
On absence of the former National Security Adviser, NSA, Col. Sambo Dasuki, who was absent in court despite a subpoena that was also issued against him to appear as a witness, Justice Abang said the issue would be handled administratively.
