Emeka Etiaba, SAN, counsel to the embattled onetime spokesperson of the Peoples Democratic Party (PDP) Olisa Metuh on Tuesday, Oct 31, 2017, asked Justice Okon Abang of the Federal High Court, Abuja to gild the arrest of Director General, Department of State Service (DSS) Lawal Daura, next the failure of the DSS to create onetime National Security Adviser, Sambo Dasuki, inwards courtroom to hand evidence.
The courtroom had on Oct 25 directed the service of subpoena gild on Dasuki as well as onetime President Goodluck Jonathan next Metuh’s application to receive got the duo every bit witnesses inwards the N400 1 1000 one thousand fraud example instituted against him past times the Economic as well as Financial Crimes Commission (EFCC).
At the resumed sitting today, acre Dasuki was non produced inwards court, Jonathan’s counsel, Mike Ozekhome, SAN, appeared inwards courtroom to challenge the subpoena issued on the onetime President.
Addressing the courtroom today, Etiaba asked the courtroom to invoke the provisions of Section 244 of the Administration of Criminal Justice Act past times ordering Daura’s arrest.
His words: “I urge your Lordship to apply consequences provided past times the law. I say as well as then because, whenever Sambo Dasuki wants to acquire to courtroom on his own, it is the duty of the DSS to receive got him to courtroom as well as if they don’t desire to receive got him to court, they volition create upwards one's heed non to receive got him to court”.
Etiaba likewise noted that “the DSS is known for disobeying courtroom orders” adding that the courtroom has the ability to number a bench warrant on the DG, DSS inwards someone since he is a human being.
On his part, Dasuki’s counsel, Ahmed Raji, SAN, told the courtroom that an application was submitted on the subpoena number on Oct 27, 2017. He added that they had likewise filed to a greater extent than or less other bring out earlier the courtroom of appeal praying the appellate courtroom to remain the subpoena order.
“There is an affidavit of extreme urgency hither inwards courtroom as well as all parties receive got been served including the courtroom registrar. On Monday, the applicant filed his brief of declaration to all parties as well as respondents to exhibit readiness as well as simply yesterday my Lord, the applicant filed to a greater extent than or less other application at the Court of Appeal for accelerated hearing”, Raji said.
The learned silk farther told the courtroom that a motility on bring out has likewise been served praying the courtroom to remain execution on the subpoena pending the conclusion of the motility that has been filed at the Court of Appeal
“It is my want for the courtroom to remain execution pending the conclusion of all applications at the Court of Appeal. In the low-cal of this, release energy should non hold upwards wasted on the execution of the subpoena order”, he pleaded.
Ozekhome inwards his submission informed the courtroom of his client’s motility seeking an gild setting aside the subpoena issued on the ex-President.
Ozekhome requested every bit an option prayer that Metuh should hold upwards made to supply the amount of N1billion to comprehend for Jonathan’s as well as his safety personnel traveling expenses from his dwelling solid town, Otuoke inwards Bayelsa State, to Abuja.
He likewise supported the telephone telephone for Daura’s arrest as well as called for indefinite adjournment of the lawsuit pending when Dasuki’s motility would hold upwards determined past times the Court of Appeal.
Responding, Sylvanus Tahir, counsel to EFCC, narrated the efforts of the EFCC inwards complying amongst the courtroom gild directing the anti-graft means to liaise amongst the DSS.
“I personally liaised amongst the Legal Adviser of the DSS on the demand for the DSS to comply amongst the courtroom order.
“Up till this morning, the said Legal Adviser informed me that they were laid as well as willing to select the intended witness to court, but that the subpoenaed witness said, on the advice of his legal team, he has been advised non to come upwards to court.
“I advised the Legal Adviser, that inwards the circumstances the DSS institute itself, they should personally come upwards to courtroom this morning time to explicate their province of affairs to the court. Our ain usage is to facilitate past times liaising amongst the DSS, as well as then nosotros receive got played our part”, Tahir stated.
On the number of remain of execution of the subpoena gild raised past times Raji, Tahir stated that “we receive got genuinely responded on bespeak of constabulary on the number of remain of execution of the subpoena order”, stressing his opposition to the application.
On Ozekhome’s application, Tahir said, “In honor to the application of onetime President Goodluck Ebele Jonathan, nosotros receive got no intention of joining issues on that. When nosotros come upwards dorsum nosotros volition acquire through other applications as well as respond”.
On his part, counsel to the minute accused (Destra Investments) Tochukwu Onwugbufor, SAN, acre responding to Tahir’s submission on Dasuki urged the courtroom to gild Daura’s arrest.
He wondered why Dasuki could hold upwards to a greater extent than powerful than the DSS that was detaining him to the extent that he could halt the means from producing him inwards court.
He argued that the DSS’ bear past times failing to create Dasuki inwards courtroom was an human action of disrespect for the court.
After listening to arguments past times counsel, Justice Abang said “I cannot come upwards to conclusion that the DG DSS has flouted the gild of the court. Further chance shall hold upwards given to supply the witness inwards court”
The gauge ordered counsel to come upwards amongst their submissions past times way of written or oral applications, acre adjourning to Nov 1, 2017 for continuation of trial.
EFCC Press Release