Our attention has been
drawn to certain public misconception on issues regarding the application by
our client Chief Olisa Metuh requesting the Hon Justice Okon Abang of the
Federal High Court Abuja to issue an order compelling the Directorate of State
Services (DSS) to produce former National Security Adviser, Col. Sambo Dasuki (rtd),
to appear before the court to give evidence in his on-going trial.
The
prosecution’s case is that our client reasonably ought to have known that the
₦400,000,000.00 million paid into his account is part of the proceeds of alleged
unlawful activity of Col. Sambo 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.
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, 23rd day of November,
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
(seven working days from the November 23, 2016), our client informed the court
that Col. 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 Col.
Dasuki to appear as his next witness.
It is on record that 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 Col. 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
Col. Dasuki through the prosecution fails.
At the end of
proceedings on Wednesday, January 11, 2017, 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. This
was the Application the learned trial judge dismissed on reason bordering on
the Application having been contrived to waste time and for being an
after-thought even when the facts supporting the Application suggest otherwise.
We hope that this puts
the record straight.
Signed
Barr.
Ben-Chuks Nwosu
Member,
Chief Olisa Metuh’s Legal Team
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