Federal High Court in Abuja yesterday declined request by lawyer to ex-President Goodluck Jonathan, Mike Ozekhome (SAN) and another Senior Advocate, Tochukwu Onwugbufor for the issuance of a bench warrant against the Director General of the Department of State Services (DSS), Lawal Daura.
Onwugbufor is a lawyer in the defence team of former spokesman of the Peoples Democratic Party (PDP), Olisa Metuh, representing Metuh’s firm, Destra Investment Limited in their trial for alleged money laundering offences.
Onwugbufor and Ozekhome sought the issuance of bench warrant on the DSS’ DG for allegedly flouting the court’s order directing him (the DG, DSS) to produce former National Security Adviser (NSA), Mohammed Dasuki as defence witness in Metuh’s trial.
Both lawyers were reacting to an application by the prosecution lawyer, Sylvanus Tahir for the court to allow DSS sometime to comply with its order to produce Dasuki.
At the commencement of proceedings yesterday, trial judge, Justice Okon Abang enquired from Tahir if the DSS produced Dasuki in court as he directed at the previous proceedings.
Tahir, in response, gave details of efforts by the EFCC to ensure that the DSS produced Dasuki as ordered by the court. Tahir said he has spoken with the Legal Adviser of DSS.
He said, “Up till this morning, exactly a quarter after 7am, the said Legal Adviser informed me that they were ready and willing to bring the intended witness to court, but that the subpoenaed witness said, on the advice of his legal team, said he has been advised not to come to court.
“I advised the Legal Adviser, that in the circumstances the DSS found itself, they should personally come to court this morning to explain their situation to the honourable court. Our own role to facilitate by liaising with the DSS, so we have played our part,” Tahir said.
Responding, Metuh’s lawyer, Emeka Etiaba (SAN) urged the court to disregard Tahir’s explanation on the grounds that the letter he presented in support of his position was inadmissible. He argued that it amounted to hearsay and that the letter from the EFCC to the DSS ought to have been brought to the court’s attention by way of an affidavit.
He gave indication that his client would reassess his position as it relates to the summons on Jonathan in view of the heat generated so far, including the application filed by the ex-President.
Etiaba said his client’s request to call Jonathan as witness had been “misconstrued outside this court”.
Because his client was pained by the development, he intends to sit with his legal team to review the motion filed for Jonathan by Ozekhome, in order to take a position on it.
He said, “Efforts by the first defendant (Metuh) to avail himself of necessary evidence in his trial has been misconstrued outside this court and the first defendant feels very pained because of dangerous insinuation that has been ascribed to his decision to call evidence that will help him to go through this phase of his life.
“May I finally submit that the first defendant will go through the application with us and take a decision on what to go with Ozekhome’s motion,” Etiaba said.
When asked to respond, Onwugbufor said he agreed with Etiaba, but took a step further to ask for the arrest of the DG, DSS for allegedly flouting the court’s order on Dasuki’s production.
Onwugbufor, who argued that the DSS was not truthful in its excuse for not producing Dasuki, urged the court to apply the provisions of Section 244 of the Administration of Criminal Justice Act (ACJA) by ordering Lawal’s arrest.
He said it was ridiculous that someone in the custody of a security agency could determine when he wishes to be taken to court. He said the DSS was play game with the court.
He said: “I do not think it lies in the mouth of DSS to say that he (Dasuki) refused to comply with the order of the court. It is more contemptuous that the DSS fails to appear before the court to explain the situations in their environment. My lord this is unacceptable.
“If they have an atom of respect for the court they would appear before your lordship this morning and I refer your lordship to section 244 of ACJA. Your lordship has power to issue arrest warrant against DSS. Your lordship will now issue a warrant of arrest against the Director-General of DSS in person,” he said.
At that point the judge asked him if the court could issue a bench warrant on the DG, DSS in person when the order made by the Court of Appeal on September 29 this year for the production of Dasuki before the trial court did not contain the name of the DSS’ DG.
In response, Onwugbufor said, “I agree that his name is not mentioned but it has legal consequences and connotation. This is because a human being is occupying the office of the DG of DSS.
“It would have been a different case if the subpoena was issued to DSS. But this is different. The order was issued against the occupant of the office, to appear before your lordship and explain to your lordship his failure to produce Dasuki in court to show how a detainee will be more powerful than the person detaining him, which is an absurdity.
“It is my submission that they are playing hanky-panky with this court. They are passing the buck and the buck must stop somewhere. It will stop when your lordship issues a warrant of arrest against the Director-General of DSS,” Onwugbufor said.
In his contribution, Ozekhome said he supported the call for Daura’s arrest, and called for indefinite adjournment of the trial pending when Dasuki’s motion would be determined by the Court of Appeal.
He said, “It is inconceivable that the DSS could not bring a person who has been in their custody for two years and who has not been proved to be violent. I think they are taking this court for a ride.
“This court is not a table tennis court, or basketball court or lawn tennis court. The applicable section therefore, is section 243 and 244 of ACJA,” Ozekhome said.
Shortly after, Tahir indicated that a representative of the DSS, Echika Owete, has appeared in court. He proceeded to read out a text message he said he got from the DSS’ Legal Adviser, stating that Dasuki said he would not come to court except by force, but that after much persuasion by DSS personnel, Dasuki agreed to appear in court on the next date.
In a ruling, Justice Abang declined the request for the issuance of arrest warrant against Daura.
He said the issue of Dasuki’s production should be handled administratively by the DSS and the Economic and Financial Crimes Commission (EFCC).
The judge said: “I cannot come to a conclusion that the Director-General of DSS has flouted the court order to produce Col. Sambo Dasuki (retd). I will give further opportunity to the DG of DSS to produce Col. Sambo Dasuki in court.”
On the absence of Jonathan in court, the judge siad since ex-President was yet to be personally served with the witness summons issued on him by the court following an application by Metuh, the option left was to serve him through substituted means, as provided for in the ACJA.
Justice Abang said if Metuh was interested in bringing Jonathan to court, he (Metuh), having requested for the ex-President as his witness, “ought to know what to do.”
Earlier, Dasuki’s lawyer said his client’s appeal against the court’s ruling on October 25 declining jurisdiction over his motion for stay of execution of the witness summons, has been entered at the Court of Appeal, Abuja and given appealed number: CA/A/159C/B/17.
He said his client has also filed a fresh application before the trial court for stay of all further proceedings in relation to the witness summons against his client pending when the Court of Appeal will determine his client’s motion for stay of execution of the witness summons.
Justice Abang subsequently adjourned to today to rule on Dasuki’s motion and Jonathan’s application.
The judge said the outcome of his ruling on Dasuki’s motion would determine whether or not to deliver a ruling on Jonathan’s motion.
He said should Dasuki’s motion succeeds, it implied that the case would be adjourned as requested by the ex-NSA, but that if it fails the court would proceed to hear and deliver ruling on Jonathan’s application.
He further restated his order that DSS should produce Dasuki in court today, but said the outcome of the ruling on the ex-NSA’s motion would determine if he (Dasuki) would testify today.
