•Dasuki claims memory loss
Former national publicity secretary of the Peoples Democratic Party (PDP), Chief Olisa Metuh, has asked the Federal High Court in Abuja not to set aside the subpoena it issued to compel former President Goodluck Jonathan to appear as a witness in his ongoing trial.
Jonathan had in a motion his lawyer, Chief Mike Ozekhome (SAN), moved before the court on Wednesday, urged trial Justice Okon Abang to compel Metuh to pay N1 billion to cover travelling expenses for himself and his security personnel from his home town, Otuoke in Bayelsa State, to Abuja and also, for time he might spend appearing before the court.
Jonathan maintained that the evidence Metuh is seeking from him would amount to an invasion of his personal rights to privacy and family life as provided for in Section 37 of the Constitution of the Federal Republic of Nigeria, 1999. He told the court that the evidence sought to be obtained from him was likely to expose him to a criminal charge or trial.
Nevertheless, in a five-paragraph counter- affidavit by his lawyer, Mr. Emeka Etiaba (SAN), Metuh said he does not have N1 billion to give Jonathan who he said had, in his own motion admitted that he (Metuh) served the nation well.
Etiaba drew attention of the court to the fact that the bailiff earlier deposed an affidavit that he had yet to serve the subpoena on Jonathan. “This application is therefore not only speculative but premature and deserves to be struck out. With respect to demand for deposition of N1 billion, the first defendant in his affidavit averred that he does not have such amount. We believe that such demand is punitive and meant to frustrate his attempt at obtaining evidence that will assist him in the defence of the charge against him before this court.
On October 25, Justice Abang ordered the bailiff five days to serve the subpoena on Jonathan and former National Security Adviser (NSA), Colonel Sambo Dasuki (retd), to enable them to appear as witnesses in Metuh’s trial.
Yesterday, the Department of State Services (DSS) produced Dasuki in court, in line with the subpoena over the N400 million corruption charges against Metuh but he said he was incapacitated to give accurate account of what transferred in his office in 2014 because he had been clamped in detention for over two years.
Dasuki appeared before the court, in line with the subpoena. He looked cool, calm and unruffled and confirmed knowing Metuh but that he could not recall without reference to his records the transaction of 2014 upon which Metuh was put on trial by the Federal Government.
Specifically, the former NSA told Justice Abang he had been kept in DSS custody for over two years and has no access to records of his office that could make him refresh his memory to give accurate evidence.
He recalled the caution issued to him by the court to the effect that he would be prosecuted if he gives inaccurate evidence in the trial of Metuh. Adding that in order to give accurate evidence, he needs to have a recourse to his records to be able to give accurate evidence.
In his brief ruling, Justice Abang adjourned ruling on the application for adjournment till November 3, 2017.