Ade Adesomoju, Abuja
A Federal High Court in Abuja on Thursday dismissed an application by the ex-National Publicity Secretary of the Peoples Democratic Party, Chief Olisa Metuh, seeking to compel the detained former National Security Adviser, Col. Sambo Dasuki, to appear in court as witness in defence of the ex-spokesperson for the PDP.
Justice Okon Abang in a separate ruling also dismissed the application by Metuh seeking an order for the release of his passport to enable him to travel to Lodon in the United Kingdom for medical treatment.
Metuh had sought to be away for the medication for eight weeks.
In his ruling on the application seeking to summon Dasuki, Justice Abang held that the ex-NSA was not a compellable witness.
The judge held that it was not the duty of the court to compel a non-compellable witness to court to testify on behalf of any party.
He added that there was no prior attempt by Metuh to apply to the Department of State Service to produce Dasuki in court as a defence witness.
The judge ruled that Dasuki, not being on the list of witnesses submitted to the court by Metuh, and the defendant having called six of his proposed witnesses, the application to compel the DSS to produce the ex-NSA in court was an afterthought.
The judge held that the application “was made in bad faith” and as part of the delay tactics of the defence to frustrate the trial.
On the application seeking the release of Metuh’s passport, Justice Abang ruled that the application could not be granted, the court having dismissed a similar one on May 25, 2016, without any attempt to appeal against the earlier decision.
The judge ruled, “From the fact deposed to an affidavit it seems to me, it does seem to me that the first defendant has not been healed of the ailment since the earlier decision.
“Why did the first defendant not appeal against the earlier decision? Why did he come to this court?
“The first should not create problems for the court.”
He held that granting the application would amount to the court sitting as an appellate jurisdiction over its earlier ruling.
Reacting to the rulings, Metuh’s lawyer, Dr. Onyechi Ikpeazu (SAN), alleged that Justice Abang had by his rulings demonstrated bias against the interests of the defendant.
Ikpeazu urged the judge to disqualify himself from further presiding over the case, insisting that the judge’s allegation that Metuh was trying to delay the case was unfounded.
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