Embattled former Spokesperson of the Peoples Democratic Party (PDP), Olisa Metuh has sought the leave of Justice Okon Abang of an Abuja Federal High Court, to compel the Department of State Security Service (DSS), to produce former National Security Adviser (NSA), Sambo Dasuki to testify in his defence.
Metuh, who his standing trial over a N400million largess he allegedly got from the former NSA, informed the trial court that Dasuki’s testimony, is essential to his defence of the alleged offences as the prosecution has stated, that he collected an alleged stolen money from Dasuki’s office without rendering any service.
The defendant has also approached the court to release his international passport to enable him travel abroad for medical treatment.
Counsel representing the second defendant, Tochukwu Onwugbufor SAN, told the court that the applicant counsel Onyeachi Ikpeazu SAN, had written to the court for an adjournment because he was having a matter at the High Court of the Federal Capital Territory (FCT) and as such would not be available to take the applications.
Onwugbufor said although the Federal High Court and the FCT High Court have coordinate jurisdiction, he however, prayed the court to grant an adjournment as the matter before the FCT High Court has been granted an accelerated hearing.
In the alternative, the counsel urged the court to stand down the applications to enable Ikpeazu to be available to move them.
In his brief ruling the trial Judge, Justice Abang, said the court discountenance the letter written by Emeka Etiaba SAN in view of Ikpeazu’s letter, because two counsel cannot represent one party.
He stood down the matter in the overall interest of justice not withstanding that the defendants have exhausted their adjournments.
At the resumption of trial Onwugbufor informed the court that he went to the FCT High Court to inform Ikpeazu about the court order but Ikpeazu told him that a prosecution, had tendered a multiple documents through a witness, Babatunde Adepoju an operative of the DSS. He said a defence counsel had already objected to the admissibility of the documents and that it was his turn to also raise an objection.
Onwugbufor stated that Ikpeazu has respect for the court and has therefore asked him to apologise on his behalf over his absence adding that his action was not deliberate. He therefore asked for an adjournment.
Responding, prosecution counsel, Sylvanus Tahir, who had thought that Onwugbuefor would have held the brief of the applicant counsel however, left the matter to the discretion of the court.
In his ruling, Justice Abang adjourned the matter in view of the passionate plead of Onwugbuefor to February 22, 2017 for the hearing of both applications.
It will be recalled that Justice Abang had since last December declined to sign a subpoena filed by Metuh to order Dasuki, to appear as a defence witness in his case, to which, Justice Abang said the defence team should liaise with the prosecution and reach out to the authority in whose custody Dasuki is to allow him appear in court.
Metuh is standing trial alongside his company, Destra Investment Limited, on a 7-count charge of fraud to the tune of N400 million pressed against him by the Economic and Financial Crimes Commission (EFCC).
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