Rather than show up as a witness in the N400 million corruption trial of Olisa Metuh, ex-NSA Sambo Dasuki has appealed against the order of federal high court in Abuja compelling him to appear.
The counsel representing Dasuki has asked an Abuja Division of the Federal High Court to set aside its proceedings
The lawyer, Ahmed Raji, on Tuesday informed the high court, presided over by Justice Okon Abang, that his client had approached the appellate court to challenge a previous decision of the high court.
Raji had asked the court to set aside the order, pending when his client is released from the custody of the State Security Service, SSS.
But Justice Abang, refused the application He said the decision to compel Dasuki to appear was made by a higher court, which a lower courts lacks jurisdiction to overrule.
As of Tuesday’s court session,Raji said he had filed the application at the Appeal Court and would like the lower court to wait till the higher court decides on the current motion before it (Appeal Court).
“It is therefore my humble submission that in the light of the motion for stay of execution pending before the Court of Appeal, energy should not be dissipated on the execution of the subpoena because that could run against what the Appeal Court will decide upon, to the effect that once a motion like this is filed, the lower court will tarry,” Raji said.
He also asked the court to set aside a previous submission of the prosecution counsel, Sylvanus Tahir who told the court Dasuki spoke through an official of the SSS that he would not come to court to testify.
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Tahir told the court that the information was relayed to him by a reliable source who heard from Dasuki,. Tahir asked the court to order for Dasuki’s arrest.
Responding, however, Mr. Raji asked the court to totally disregard the submission of the prosecution, because it amounts to hearsay.
“Mr. Tahir is quoting somebody else and that person is now quoting what Dasuki allegedly said: that he will not come to court. This is a damaging, hearsay that is inadmissible,” said Raji
Metuh’s lawyer has got court subpoenas ordering Dasuki and former President Goodluck Jonathan to appear as his client’s witnesses in the N400-million money-laundering allegation for which the EFCC is prosecuting him.
The former PDP publicity secretary has claimed the duo gave him the money for a national assignment.
Jonathan has yet to receive his in spite of bailiff’s effort to serve him the subpoena.