•Ex-president, Dasuki shun court
From Godwin Tsa, Abuja
The Federal High Court has given a bailiff five days ultimatum to serve former President Goodluck Jonathan with a subpoena, and compel him to appear in court, over the trial of a former national publicity secretary of the Peoples Democratic Party (PDP), Chief Olisa Metuh.
The court further ordered the prosecution, Mr. Sylvanus Tahir, to prevail on the Economic and Financial Crimes Commission (EFCC), to convince the Department of State Services (DSS), to produce detained former national security adviser (NSA), Colonel Sambo Dasuki, in court on October 31, 2017.
Justice Okon Abang had, following Metuh’s request, issued two separate subpoenas on Jonathan and Dasuki, and compelled them to appear in court yesterday.
Meanwhile, the court had earlier struck out an application by Dasuki, while he sought an order to set aside the subpoena which directed him to appear in court to testify on behalf of Metuh.
Justice Abang ruled that having been ordered by the Court of Appeal, in Abuja, on September 29, 2017, he lacked jurisdiction to hear and determine the motion on merit.
He held that determining the motion on merit would amount to an attempt to review the judgment of a higher court, the Court of Appeal.
The judge held that all issues raised by Dasuki, through his lawyer, Mr. Ahmed Raji (SAN), had become academic, since the court lacked jurisdiction to hear the complaints.
In addition, the court said it would amount to “judicial anarchy,” to hear Dasuki’s application on merit.
“If the applicant (Dasuki) is dissatisfied, he should know what to do and where to go, but, certainly, not this court,” the judge ruled.
Yesterday, Jonathan and Dasuki were absent from court.
Justice Abang noted that without the two men appearing, the court might not be able to make any progress in the case.
He explained that while Dasuki had been served with the court subpoena, Jonathan was yet to be served, so could not be blamed for failure to appear in court on Wednesday.
The judge noted that a singular attempt by the court bailiff to serve Jonathan personally, with the witness’ summon, at his home, in Abuja, was not sufficient.
Accordingly, he directed the court bailiff to take further steps to ensure personal service on Jonathan, within five days, from yesterday.
Justice Abang said if after five days, the bailiff was unable to serve Jonathan, personally, Metuh, who was the one who applied for the subpoena, should kick-start the process of serving the ex-president through substituted means.