A Federal High Court in Abuja has today dismissed
the application of former publicity secretary of the People's
Democratic Party, Olisa Metuh seeking for the court to compel former
National Security Adviser, Sambo Dasuki through a subpoena to testify in his
(Metuh) defense.
Justice Okon Abang in
his ruling held that Metuh's application lacks merit and since the
Administration of Criminal Justice Act (ACJA) does not make it mandatory for
the court to grant such application, as such "it is accordingly
dismissed."
The judge stated that
there is no evidence before the court to show that Metuh applied to the
authority (the Department of State Services) keeping Dasuki so it was rejected.
"The first defendant cannot come to the court first when he has not
approached the DSS."
"The application
was not made in good faith because the name of Dasuki was not included in the
list of witnesses earlier filed by the defense, the application is an
afterthought."
"It will not serve
any useful meaning to subpoena Dasuki because the 1st defendant (Metuh) has
exhausted his five adjournments provided for him by the ACJA since April... he
will need an adjournment to be able to call a witness as of right", the
judge ruled.
The court had also
earlier dismissed a second application by Metuh seeking for the leave of the
court to release his international passport to enable him travel to the United
Kingdom for medical purposes.
Counsel to Metuh, Dr.
Onyechi Ikpeazu (SAN) in a submission after the rulings said "the court
has not only shown bias but clear bias against the interest of the first
defendant."
"We are not
confident that the court will give us justice in this matter.", he said
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