By Vivian Okejeme Abuja
The trial of the former National Publicity Secretary of the Peoples Democratic Party (PDP), Olisah Metuh, continued yesterday, with his counsel alleging threat to their lives. This, the counsel said followed their demand to subpoena former President Goodluck Jonathan to testify in the defendants’ defence.
Metuh is facing trial over alleged diversion of N400 million from the Office of the former National Security Adviser, Sambo Dasuki. When the matter came up yesterday, a court bailiff , informed the court that come December 11, 2017, he might be able to serve Jonathan a subpoena. In the affidavit fi led by the bailiff , it was stated that several attempts to serve the former President in his Abuja home had failed. In the affidavit read by court registrar at yesterday’s proceedings, he said the last time he attempted serving the former president, a guard said he had travelled abroad, and would only be available on December 11.
According to the affidavit, the bailiff was asked to return to the residence in the afternoon of December 11 to serve the former President. Reacting to the development, counsel to Metuh, Mr. Emeka Etiaba, SAN, informed Justice Okon Abang that himself, alongside the lead defence counsel, Dr. Onyechi Ikpeazu, SAN, and Metuh himself, had received threats to their lives following their move to have Jonathan summoned to testify in the case.
But he said they would not yield to the threat as they would insist Jonathan testify in the case. “I want to bring two facts before this court. The first is that when we wanted to serve Dasuki with our subpoena, the attempt by the bailiff was not that smooth. As at that time, there were insinuations that we did not indeed want Dasuki to come and testify in this court. “The second is that before this court is yet another issue, relating to the execution of another subpoena on no less a person than the former president of this country.
“This subpoena is one that has generated quite a lot of controversy and threats, not just to our clients, but to myself. The threat goes to the lives of the first defendants, myself and Dr. Onyeachi Ikpeazu.
“This will not make us change our mind as to whether His Excellency, Dr. Goodluck Jonathan, will come and testify or not. But we shall only plead with this honourable court to allow the bailiff make another attempt on December 11, 2017, at serving him with the subpoena,” he said. In his reaction, the prosecution counsel, Sylvanus Tahir, asked the court to compel Metuh to serve Jonathan through substituted means.
He premised his request on Section 123 (a) of the Administration of Criminal Justice Act, which allowed for personal service of court orders. The law, according to him, also provides for substituted means of service, where there is a challenge in ensuring personal service.
The trial judge, Justice Abang, in his ruling, informed the prosecution that he had informed the defence during the previous sitting that it was entitled to requesting to serve the former president through substituted means.
