A Federal High Court in Abuja has struck out an application by erstwhile National Publicity Secretary of the People”s Democratic Party, PDP, Olisa Metuh praying the court to compel former National Security Adviser, Sambo Dasuki through a subpoena to testify in his (Metuh) defense.
In a ruling delivered on Thursday, Justice Okon Abang held that Metuh’s application lacks merit, stressing that since the Administration of Criminal Justice Act, ACJA, does not make it mandatory for the court to grant such application, “it is accordingly dismissed”.
The presiding judge, who said there is no evidence before the court to show that Metuh applied to the authority (the Department of State Services) keeping Dasuki and was rejected, held that “The first defendant cannot come to the court first when he has not approached the DSS”.
He continued, “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.”
Earlier, the court had also 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.
In a submission after the rulings, Metuh counsel, Dr. Onyechi Ikpeazu SAN said “the court has not only shown bias but clear bias against the interest of the first defendant.”
“We are not confidence that the court will give us justice in this matter,” he added.