A Federal High Court in Abuja has ordered the court bailiff to serve subpoena on former president, Goodluck Jonathan within five days to appear as witness in the trial of former PDP spokesman, Olisa Metuh. Justice Okon Abang ruled that the court cannot blame the ex- president for being absent yesterday, adding that the service of court processes is very important in any proceedings.
“The bailiff is hereby directed to make further attempt in effecting personal service of the witness summons on Dr Goodluck Jonathan. “However, if personal service cannot be effected, of course he can be served by substituted means, I so hold. For this purpose, the bailiff under Section 124 of the Administration of Criminal Justice Act (ACJA) is an agent of the 1st defendant for the purpose of the substituted service. This is because the 1st defendant elected to call him to testify, not the court,” he said.
The judge had earlier dismissed Dasuki application to set aside the subpoena earlier served him to appear as a witness in the trial. Justice Abang held that granting the application would amount to a review of the order of the Court of Appeal in Abuja of September 29, which directed it to serve the subpoena on Dasuki. Dasuki’s counsel, Ahmed Raji (SAN) had argued that his client, who has been in custody for two years over a related charge of diversion of $2.1bn arms funds, was not in a position to testify in the trial.
But the court directed EFCC counsel, Sylvanus Tahir to persuade the Federal Government to produce Dasuki in court, based on the subpoena served on him. Metuh, who is facing seven count charges alongside his company, Destra Investment Ltd, for allegedly receiving the sum of N400m from former NSA, Dasuki had argued that both witnesses were important for the trial. Before adjourning the case to October 31 for hearing, the judge warned the press against false reports of the court’s proceedings.
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