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Tag: former President (Goodluck) Jonathan

  • PDP convention: I ‘m neutral, says Jonathan

    PDP convention: I ‘m neutral, says Jonathan

    Former President Goodluck Jonathan has declared that he remained neutral and that he’s not backing any candidates among contestants for the various positions in Saturday’s national convention of the People’s Democratic Party (PDP).

    In a goodwill message signed on his behalf by his media aide, Mr. Ikechukwu Eze, Dr. Jonathan expressed the optimism that the convention would produce positive outcomes which would help the party regain its pride of place in the affairs of the nation.

    He said he’s prepared to work with all those that would emerge as new leaders of the PDP in the interest of the party and nation.

    The statement said, “As the father of the party, ex-President Jonathan has no preferred candidates for any of the positions, and is prepared to work with all those that will emerge as members of the new NWC, to ensure that the party regains its pride of place in the affairs of the nation”.

    Jonathan extended felicitations to the candidates, delegates, convention committee members, as well as all other party members, for their interest and participation at the convention.

    “The former President is pleased with the dedication and enthusiasm of all party members towards building a strong PDP and wishes all participants successful deliberations, as they seek to freely elect members of the National Working Committee that will lead the party for the next four years.

    “Dr. Jonathan is impressed with the level of preparations for the convention, especially with the number of the candidates and the spread and vibrancy of the campaigns, which has established a new paradigm for intra-party elections, in the country.

    “Contrary to speculations and permutations by some interest groups, Dr. Jonathan has never discussed or plotted with others against the ambition of any of the candidates, as is being falsely reported by those who are adept at spreading negative stories against the immediate past President.

    “The former President is therefore optimistic that the convention will produce a positive outcome that will help the PDP consolidate its position as the party with the best democratic ideals in the country”, the statement added.

  • Stop criticizing GEJ’s administration – Amaechi

    Stop criticizing GEJ’s administration – Amaechi

    The Minister of Transportation, Rotimi Amaechi has said he agrees with those who said the present administration should focus on achieving its campaign promises and stop criticizing former President Goodluck Jonathan’s administration.

    The minister disclosed this in Abuja when the report of the Inter-Ministerial Committee for the Finalization of the Draft National Transport Policy (NTP) was submitted to him.

    The I9-member Committee was drawn from all the transport sectors and agencies in the country.

    The Minister also said there was need to invest more in the technological aspect of transportation.

    He said: “I agree with those who said we should stop criticizing the last government and that we should do our own.

    “We need to leverage on what we know. People are shouting intermodal transport; I went to the new airport in Singapore and I didn’t find one person at the airport. As you walk in, technology takes over.

    “They also said in the next few years, they would introduce driverless cars. We should also think outside the box about how to improve our transport sector and think less about how sun and moon affects the sector or building more bus stops.

    “We should see how much investment we can put in the area of ICT. Intelligence transportation should not be ignored”.

    He added: “What we assure Nigerians is that under the Buhari administration; we would do everything possible to ensure that we maximize the resources that President by way of budget releases to each ministry”.

    On the implementation of the policy, he said: “I assure you that we would take the next step you want us to take.

    “Usually, people take experts contribution for granted but the fact is, experts know better and if we don’t come to you, who would we go to?

    “We will go through it and I will direct the Permanent Secretary to give a copy to the Minister of State for Aviation while I read a copy. Once we are through and we share our views, we will take it to cabinet for approval”.

    Also speaking, the chairperson of the Committee, Mfon Usoro explained that the adoption of the policy would make Nigerian economy stronger.

    She said: “Adoption and implementation of the NTP by all tiers of government will lead to a stronger Nigerian Economy and a profitable future for the entire transportation service sector and for the many sectors that rely on transportation in a diversified economy”.

  • I’m working for PDP to regain presidency -Jonathan

    I’m working for PDP to regain presidency -Jonathan

    Former President Goodluck Jonathan has said that his priority is how to ensure the return of the People’s Democratic Party (PDP) to power in 2019.

    He spoke when he received Chairmanship aspirant Chief Olabode George and his campaign team at his country home in Otuoke, Bayelsa State.

    Jonathan took responsibility for the party’s defeat in the 2015 election adding that it was also his responsibility to ensure that the party rose again as a strong political platform to win the next election.
    He said: “Whether I like it or not, I must take responsibility for the defeat because I led the party to the election. The only thing that will make me sleep well is to ensure that PDP comes back to power”.

    The former president said he was working with other stakeholders to ensure that the party is well organized to achieve this purpose though he preferred to work from the back seat.

    He said the party must begin to take the right steps in the right direction to regain the confidence of the electorate adding that the mistakes of the past will not be repeated.

    Speaking earlier, George, a former deputy national chairman of PDP who is currently on a nationwide campaign for the chairmanship election in December congratulated the former president on his 60th birthday anniversary while urging him as the leader of the party to ensure that the party will emerge stronger from forthcoming national convention.

    George however told the former president that the failure to apply the micro zoning principle to the chairmanship position this time around had caused ripples capable of dividing the party.

    He lamented that the party appeared to be drifting as there was no reasonable justification offered by the Senator Makarfi led National Caretaker Committee for jettisoning the principle which was applied to all previous elections to the position.

    George also visited Bayelsa State Governor Seriake Dickson at the Governor’s Office and commended him for sustaining the confidence, goodwill and support of the people for the PDP.

    Dickson described the December 9 national convention as a window of opportunity to put the PDP house in order and urged all aspirants to elective positions as well as leaders of the party to show tolerance and patriotism and work together to make the party proud.

    He said it was important to ensure that the election is free, fair, credible and acceptable.
    George was given a rousing reception at the state party secretariat in Yenagoa where he met with party stakeholders and delegates to the convention led by the state chairman, Chief Cleopas Moses.

    Others at the meeting were members of the state house of assembly led by the speaker of the house, local government chairmen, among others.

  • Ijaw needs unity for survival, says Jonathan

    Ijaw needs unity for survival, says Jonathan

    Former President Goodluck Jonathan has said his Ijaw people must embrace unity to survive their challenges instead of destroying themselves.

    Jonathan spoke at the weekend in Yenagoa, Bayelsa State, while paying tributes to the late Ijaw leader and former member of Board of Trustees of the People’s Democratic Party, Chief Gordon Bozimo.

    Bozimo, a former Chairman of the National Youth Service Corps (NYSC) Board, died on June 5, 2017 at a hospital in Arkansas, United States of America at the age of 67.

    He said Ijaw people were not many and could not afford to be pulling themselves down.

    Jonathan said: ”We must stop destroying ourselves as a people. We are not too many. Things are quite challenging.

    ”Sometimes, you need to wear the shoes to know where they pinch. I believe that working together, helping ourselves collectively, we will be able to solve some of our problems.”

    He asked them to emulate Bozimo, who as a politician never engaged in assassination of people’s character.

    He said though Bozimo might disagree with people politically, he usually moved by his conviction.

    He said the Ijaw nation lost somebody quite unique, quite patriotic, quite committed to the development of the people.

    Jonathan added: ”At the political level, Bozimo was like a political giant among a few elders that were in the People’s Democratic Party in terms of his national connections and he was committed to the party.

    ”In fact, he played a key role in ensuring that I became a running mate to Diepreye Alamieyeseigha and also the victory of Alamieyeseigha in 1999 elections.

    ”Since then, I have been close to Bozimo, even though turbulent periods. The state has always passed through a fever. In fact, politics is about interest.”

    Also speaking, Governor Seriake Dickson said that Bozimo was a true Ijaw son who gave his best to the service of the nation.

    He called on the people of Bayelsa to identify with a new Bayelsa which harped on honour and respect for one another.

    He said: ”All I want to say is that everyone of us should key into this new Bayelsa where we honour and respect one another, work together and stop running down one another.

    ”Today is not a day of long political speeches; today is not a day for politics no matter the temptation. Today is a day to celebrate unity; it is a day to honour one of our departed leaders and fathers and to remind us how much we all stand to gain working together, respecting one another, honouring one another.

    ”In the past six years, unknown to a few people, you have a new Bayelsa founded on solidarity, not a Bayelsa where you stayed away and begin to promote needless discord and issues for no reason, or for some selfish reasons.

    “You have a new Bayelsa here where we do our bits and support and encourage ourselves the little way we can.

    ”I found Bozimo a most congenial gentleman, a very intelligent man but a man with keen sense of political strategies, the likes of him, will take time to get.”

  • EFCC confirms arrest of former SGF, Anyim

    EFCC confirms arrest of former SGF, Anyim

    The Economic and Financial Crimes Commission (EFCC) has confirmed the arrest of former Secretary to the Government of the Federation (SGF), Sen. Anyim Pius Anyim.

    Spokesman of the commission, Mr Wilson Uwujaren, told the News Agency of Nigeria (NAN) on Friday that Anyim was being held over an “ongoing investigation”.

    Uwujaren did not give details.

    Anyim was President of the Senate between 2000 and 2003, and served as SGF under the administration of former President Goodluck Jonathan.

  • I need to consult records over Metuh’s case – Dasuki

    I need to consult records over Metuh’s case – Dasuki

    Retired Col. Mohammed Sambo Dasuki, former National Security Adviser (NSA), said on Wednesday he needed to consult relevant documents to enable him to recall any transaction with former People Democratic Party, (PDP) spokesman, Olisah Metuh, being tried over alleged N400 million case.

    Dasuki made the statement at the Federal High Court, Abuja, when he appeared as a subpoenaed witness in the ongoing trial of Metuh.

    The former NSA, who was led in evidence by Mr Emeka Etiaba (SAN), counsel to Metuh, told the court that he had been in the Department of State Security Services custody since December 2015.

    He added that he could not remember if he had any dealings with Metuh in 2014 in respect to the amount for which the Federal Government was currently prosecuting him.

    “It will be difficult for me to remember without reference to my records, details of any monies paid to Metuh or Destra Nig. Ltd. (the second defendant in the matter) in 2014 as three years is a long time.”

    When Etiaba sought to know when he thought he would have access to his records, Dasuki said that would be possible as soon as the authorities holding him released him on bail.

    “I am unable to answer any questions in regards to his charge without consulting my records.

    “I stated earlier that I have been in custody so it is only when the authorities holding me decide to obey the three bail orders granted by three different courts and one ECOWAS court judgement asking that I be released and release me, I do not know,” Dasuki said.

    He, however, told the court that he was awaiting a Supreme Court ruling concerning his release on bail.

    At this point, Etiaba told the court that the witness was willing to testify but needed time to access his records in order to help the court in the matter.

    He prayed the court to grant an adjournment and direct those holding the witness to allow him to have access to his records.

    According to him, the directive that Dasuki should be produced in court has been honoured and so this new directive should also be honoured.

    Mr Tochukwu Onwubufor (SAN), counsel to the second defendant, aligned himself with the submissions of Etiaba, noting that an adjournment was necessary to allow the witness consult his records.

    The prosecuting counsel, Mr Sylvanus Tahir, however, opposed the application for an adjournment.

    He based his argument on the grounds that some of the documents needed to be used to cross examine the witness such as the e-payment mandate were in the court’s records.

    Tahir asked the court to discountenance the arguments canvassed by Dasuki’s counsel, Mr Ahmed Raji (SAN) that his client was not in the right frame of mind to give evidence, having been incarcerated in the last two years.

    He said that this was because there was no medical report before the court to prove it.

    The prosecutor urged the court to compel the two defendants to make use of documents already tendered as exhibits in court and not entertain the application for adjournment.

    The judge, Justice Okon Abang adjourned the matter until Friday to rule on the application for adjournment.

    The judge had earlier struck out a motion argued by Mr Mike Ozekhome (SAN) on behalf of former President Goodluck Jonathan in which he prayed the court to set aside the subpoena issued on him.

    Abang struck out the motion on the ground that he had no jurisdiction to entertain the motion because Jonathan had not been formally served with the subpoena as required by law.

    He said that the former president could only raise issues against the subpoena after he was duly served.

    The judge had also dismissed an application by Dasuki asking the court for an adjournment in respect of the subpoena on him and pending the determination of his appeal in the Court of Appeal.

    He said that since Dasuki was not a defendant but a witness in the matter, he had no “locus standi” to seek for an adjournment.(NAN)

  • Jonathan Leads NDI observation mission to Liberia’s presidential run-off

    Jonathan Leads NDI observation mission to Liberia’s presidential run-off

    Former President Goodluck Jonathan will this weekend leave for South Africa where he is scheduled as a key speaker at the inaugural
    African Presidential Leaders Centre Roundtable holding in Johannesburg.

    The Ex-President will be joined by other former Presidents and eminent African statesmen to explore how the continent’s economic growth could be enhanced through functional education.

    The theme of the conference is “Addressing Africa’s Educational Challenges in the 21st Century”.

    Speaking ahead of the meeting ex-President Jonathan, who is also the Chairman of Goodluck Jonathan Foundation, said he is excited by the theme of the meeting, stressing that education is key to unlocking Africa’s rich potentials and solving the nation’s economic, social and security challenges.

    A statement issued by the ex-President’s media adviser Mr. Ikechukwu Eze, said that at the end of the programme , the former President is
    billed to proceed to Liberia where he would be leading the National Democratic Institute’s International Election Observation Mission to
    the Liberian Presidential run off polls holding on 7th November, 2017.

    Ex-President Jonathan who was initially invited as co-lead of the NDI team for the October 10 Liberian elections could not honour the
    invitation because of his earlier commitment to attend the 15th Rhodes Forum in Greece, where he presented a paper on ‘Multipolarity and
    Dialogue in Regional and Global Developments’.

    He had however promised to honour NDI’s second invitation to lead the Mission to the runoff polls, after none of the presidential candidates failed to win 50 percent of votes cast during the first ballot.

    The National Democratic Institute is a United States based organization working to support and strengthen democratic institutions
    worldwide, through citizen participation, openness and accountability in government.

    NDI works with local partners in more than 70 countries to encourage community dialogues, observe elections, increase citizen
    participation, and improve the responsiveness of government.
  • Metuh’s trial: Court orders Jonathan to appear on Tuesday

    Metuh’s trial: Court orders Jonathan to appear on Tuesday

    A FEDERAL High Court in Abuja has ordered former President Goodluck Jonathan and his former National Security Adviser Sambo Dasuki to testify before it on Monday.

    Justice Okon Abang gave the order yesterday in a ruling on the invitation of the two men by former Peoples Democratic Party (PDP) spokesman Olisa Metuh as defence witnesses.

    Justice Abang also ordered the court bailiff five days within which to effect personal service of subpoena (witness summons) issued on  Jonathan.

    The court had on Tuesday adjourned the criminal trial to yesterday for Jonathan and Dasuki, who were subpoenaed on the request of Metuh, to appear and testify as defence witnesses.

    At the resumption of proceedings yesterday, neither Jonathan nor Dasuki was in court.

    While there was evidence that Dasuki had been served with the witness summons, the court noted that its bailiff was not yet able to serve  Jonathan.

    When asked what further steps should be taken, prosecuting lawyer Sylvester Tahir, urged the court to order substituted service since personal service has failed.

    As it relates to Dasuki, Tahir asked the court to apply the provision of Section 246(1) (a) of Administration of Criminal Justice Act (ACJA).

    Tahir said: “There was a report on Monday that Dasuki has been served on October 18. Today is the return date. The witness that has been served is not here.

    “Section 246(1)(a) of ACJA has addressed the situation at hand. It says ‘A witness, who refuses or neglect without reasonable excuse, to attend court in response to a witness summons is liable to a summary conviction and sentencing to fine of N10,000 or imprisonment of two months.”

    When asked by the court, as the lawyer to the complainant what steps he has taken to ensure that an agency of Federal Government (DSS) comply with the order made by Court of Appeal on September 29, Tahir said he had reported to his employer, the Economic and Financial Crimes Commission (EFCC).

    Lawyers for the defence, Onyechi Ikpeazu (SAN) and Tochukwu Onwugbufor (SAN) objected to the position canvassed by Tahir.

    They urged the court to ensure that more attempt were made to serve Jonathan personally before the option of substituted means could be considered.

    Justice Abang agreed with the submissions of the defence lawyers and directed that further attempt should be made at serving Jonathan personally, failing which the option of substituted means could be explored.

    On Dasuki, he directed that the issue should be handled administratively since the case was being prosecuted by an agency of the Federal Government (the EFCC) and Dasuki was being held by another agency of the Federal Government (DSS).

    He said the court would be unable to make meaningful progress where Dasuki and Jonathan fail to attend court as directed.

    “As regards His Excellency, Dr. Goodluck Jonathan, who is not in court today, it is on record that he is yet to be served the witness summon.

    “The court cannot apportion blame to him for his failure to be in court today.

    “It is my humble view that service of court process on the witness or a party goes to the root of adjudication, absence of which will nullify proceedings; no matter how well-conducted.

    “It is not sufficient that the bailiff of the court made only one attempt to serve him with the witness summon.

    “The bailiff is hereby directed to make further attempts in effecting personal service of the witness summon on His Excellency, Dr. Goodluck Jonathan.

    “If personal service cannot be effected, it is only reasonable that the first defendant has a duty to apply for leave to serve His Excellency, Dr. Goodluck Jonathan by substituted means. I so hold.”

    The judge then scheduled both Jonathan and Dasuki to appear in court on October 31.

    In an earlier ruling, Justice Abang struck out the motion filed by Dasuki, seeking the setting aside of the subpoena issued on him.

    Dasuki had argued that he was not in the right frame of mind to testify in the case because he has been held in custody since December 2015 and could no longer remember all that happened while he was in office.

    The EFCC is prosecuting Metuh and his company, Destra Investments Limited, on seven counts of money laundering involving alleged cash transaction of $2 million and fraudulent receipt of N400 million meant for procurement of arms from the Office of the NSA.

     

  • Metuh’s trial: Court gives five days for service of summons on Jonathan

    Metuh’s trial: Court gives five days for service of summons on Jonathan

    A Federal High Court in Abuja Wednesday gave the bailiff of the court five days within which to effect personal service of subpoena (witness summons) issued on former President Goodluck Jonathan to testify as defence’s witness in the trial of ex-spokesman of the People’s Democratic Party (PDP) Olisa Metuh.

    Justice Okon Abang said this in a ruling on the arguments lawyers to parties on what further steps the court should take in view of the absence of Jonathan and foremr National Security Adviser (NSA), Mohammed Dasuki in court yesterday.

    The court had on Tuesday adjourned the criminal trial to yesterday for Jonathan and Dasuki, subpoenaed on the request of Metuh, to appeal and testify as defence’s witnesses.

    At the resumption of proceedings Wednesday, it was discovered that neither Jonathan nor Dasuki was in court.

    While there was evidence that Dasuki had been served with the witness summons, the court noted that its bailiff was not yet able to serve the witness summons issued on Jonathan on him.

    When asked what further steps should be taken, prosecuting lawyer, Sylvester Tahir urged the court to order that substituted service of the summons be effected on Jonathan since an attempt at personal service has failed.

    As it relates, to Dasuki, Tahir asked the court to apply the provision of Section 246(1)(a) of Administration of Criminal Justice Act (ACJA).

    Tahir said: “There was a report on Monday the Dasuki has been served on October 18. Today is the return date. The witness that has been served is not here.

    “Section 246(1)(a) of ACJA has addressed the situation at hand. It says A witness, who refuses or neglect without reasonable excuse, to attend court in response to a witness summons is liable to a summary conviction and sentencing to fine of N10, 000 or imprisonment of 2months.

    “What we are saying is that there is no reasonable excuse why this witness is not in court having been duly served with the summons

    “Since it is a continuous trial, the court may make further order communicating the next adjourned date to the Director General of Department of State Services (DSS).

    “An order has been made by this honourable court, but is has not been obeyed. The court has the inherent power to direct information on the case to the witness summons through the agency of government who is detaining him.

    “The court should ask that he be produced at the next adjourned date. He should come to court and say why he cannot testify, we should not speculate. An order for his production should be made,” Tahir said.

    When asked by the court, as the lawyer to the complainant what steps he has taken to ensure that an agency of Federal Government (DSS) comply with the order made by Court of Appeal on September 29 this year, Tahir said he had reported to his employer, the Economic and Financial Crimes Commission (EFCC).

    Tahir said: “Speaking truthfully, we applied for the judgment of the Court of Appeal. I personally gave it to the Chief Registrar of this court as a way of facilitating the attendance of the witness at these proceedings.

    “I also submitted certified true copies of the judgment and enrolled order to the management of the EFCC and gave them adequate briefing. I cannot be sure what steps the EFCC management has taken, if any, by way of liaising with the DSS,” Tahir said.

    Responding, lawyer for the defence, Onyechi Ikpeazu (SAN)  objected to the position canvassed by Tahir.

    They urged the court to ensure that more attempt were made to serve Jonathan personally before the option of substituted means could be considered.

    Ruling, Justice Abang agreed with the submissions of the defence lawyers and directed that further attempt should be made at serving Jonathan personally, failing which the option of substituted means could be explored.

    On Dasuli, he directed that the issue should be handled administratively since the case was being prosecuted by an agency of the Federal Government (the EFCC) and Dasuki was being held by another agency of the Federal Government (DSS).

    He said the court would be unable to make meaningful progress where Dasuki and Jonathan fail to attend court as directed.

    The judge said: “Col. Dasuki (retd), His Excellency, Goodluck Jonathan are not in court Wednesday to give evidence in this matter.

    “As regards Col. Dasuki (retd), there is proof of service. The order of the Court of Appeal in appeal number CA/A/159C/17, has been complied with by serving the subpoena on the Department of State Services to produce Col. Dasuki today. No reason has been offered and he is not produced in court today.

    “As regards the production of Col. Dasuki in court today, at the subsequent hearing of this matter, this will be addressed administratively.

    “From the judgment of the Court of Appeal dated September 29, 2017, it is stated that Col. Dasuki is in the custody of the Department of State Service, which is an organ or an integral part of the Federal Government of Nigeria.

    “Learned counsel, representing the Federal Government of Nigeria in this matter must persuade his client, that is, the Federal Government of Nigeria, to produce Col. Sambo Dasuki (retd) in court at the next adjourned date, failing which it will be extremely difficult for the court to make progress in this matter.

    “As regards His Excellency, Dr. Goodluck Jonathan, who is not in court today, it is on record that he is yet to be served the witness summon.

    “The court cannot apportion blame to him for his failure to be in court today.

    “It is my humble view that service of court process on the witness or a party goes to the root of adjudication, absence of which will nullify proceedings, no matter how well conducted.

    “It is not sufficient that the bailiff of the court made only one attempt to serve him with the witness summon.

    “On this, I agree entirely with the learned counsel for the 1st defendant (Metuh), Dr. O. Ikpeazu (SAN), that it cannot be an exercise of due diligence on the part of the bailiff to have His Excellency, Dr. Goodluck Jonathan served with the witness summon on only one attempt.

    “The bailiff is hereby directed to make further attempts in effecting personal service of the witness summon on His Excellency, Dr. Goodluck Jonathan.

    “Although the law does not state the number of attempts to be made in effecting personal service, one attempt, in my view, is not sufficient.

    “The bailiff of the court is hereby given five days from today to effect personal service of the subpoena on His Excellency, Dr. Goodluck Jonathan.

    “Thereafter, the law will take it course. However, if personal service cannot be effected, it can be served by substituted means.

    “For this purpose, the bailiff, under Section 124 of the Administration of Criminal Justice Act (ACJA), is an agent of the first defendant, Olisa Metuh, for the purpose of service of process on His Excellency, Dr. Goodluck Jonathan.

    “The bailiff is the agent of the first defendant for the purpose of substituted service. This is because the first defendant elected to call him (Jonathan), not the court.

    “If personal service cannot be effected, it is only reasonable that the first defendant has a duty to apply for leave to serve His Excellency, Dr. Goodluck Jonathan by substituted means. I so hold.”

    The judge then scheduled both Jonathan and Dasuki to appear in court on October 31.

    He said: “In the light of the above, the matter will be adjourned, again, at the instance of the first defendant, to enable the subpoenaed witnesses to be in court.

    “This matter is therefore adjourned until October 31 to enable the subpoenaed witness – Col. Sambo Dasuki (retd.) and His Excellency, Dr. Goodluck Jonathan to give evidence at the instance of the first defendant.”

    In an earlier ruling, Justice Abang struck out the motion filed by Dasuki, seeking the setting aside of the subpoena issued on him.

    Dasuki had argued that he was not in the right frame of mind to testify in the case because he has been held in custody since December 2015 and could no longer remember all that happened while he was in office.

    He also argued that there was no way he could testify in Metuh’s trial without implicating himself, because issues in the Metuh case were related to those for which he (Dasuki) had been charged in three pending cases.

    In his ruling, the judge said: “The court as presently constituted only performed its statutory duty as provided under section 287(2) of the 1999 Constitution.

    “The court has no jurisdiction to make an order that seeks to set aside the subpoena or in any way to suspend the execution of the subpoena not being the court that made the order in the first place.

    “From the arguments of the learned counsel for the applicant, it seems to me that the applicant is dissatisfied with the order of the Court of Appeal compelling him to appear before this court to give evidence at the instance of the first defendant.

    “If that is the position, the applicant, Col. Dasuki (retd.), is expected to know what to do and where to go, definitely not to come to this court to file this kind of application.

    “This application has the tendency of asking this court to review the judgment of the Court of Appeal. This is legally impossibility.

    “Doing so will amount to judicial anarchy. The subpoena was issued pursuant to the judgment of the Court of Appeal under section 287(2) of the Constitution.

    “A judicial action of the Court of Appeal cannot be subject to review by the Federal High Court,” Justice Abang said.

    He noted that Dasuki, not being a party to the Metuh trial, he ought to have sought and obtained the leave of court before filing the application.

    Justice Abang said: “The court only exercised its statutory powers under Section 287(2) of the Constitution and also in compliance with the judgment of the Court of Appeal delivered on September 29.

    “I have no jurisdiction to hear this application on merit. There is no live issue capable of being resolved on the merits.

    “The application is incompetent and same is accordingly struck out,” Justice Abang said.

    The EFCC is prosecuting Metuh and his company, Destra Investments Limited, on seven counts of money laundering involving alleged cash transaction of $2m and fraudulent receipt of N400m meant for procurement of arms from the Office of the NSA.

    The prosecution alleged in the charges that Metuh and his firm used the N400m for PDP’s campaign activities during the 2015 presidential election.

    The sum of N400m was alleged to be “part of the proceeds of unlawful activities” of the immediate past NSA, Dasuki.

    Read: Metuh to call Jonathan as witness in N400m, $2m alleged fraud trial

  • Court insists Jonathan, Dasuki should testify in Metuh’s trial

    Court insists Jonathan, Dasuki should testify in Metuh’s trial

    A Federal High Court in Abuja has insisted that former President Goodluck Jonathan and ex-National Security Adviser (NSA) Mohammed Dasuki must appear Wednesday to testify for the defence in the ongoing trial of ex-spokesman of the People’s Democratic Party (PDP), Olisa Metuh.

    Justice Okon Abang gave the directive Tuesday despite the pending motion by Dasuki, challenging the witness summons issued on him, and the uncertainty over whether or not Jonathan has been served with the subpoena issued by the court on Monday.

    At the resumption of proceedings in the trial of Metuh and his company, Destra Investment yesterday, Justice Abang took argument from lawyer to Dasuki, Ahmed Raji (SAN) and other lawyers in the case on the motion by ex-NSA.

    While arguing his client’s motion, Raji contended that there was no way Dasuki would testify in Metuh’s trial without implicating himself because the issues in the case and the three pending charges against him (Dasuki) were interlinked.

    Raji, prayed the court to set aside the subpoena issued on Dasuki or suspend the execution of the court summon until he (Dasuki) was released from prison.

    He argued that his client’s long detention by the Department of State Service (DSS) since December 2015 has deprived Dasuki of ability to meaningful participate in Metuh’s trial

    Raji said the DSS continued to detain Dasuki despite being granted bail by three separate municipal courts and also to be released by ECOWAS Court.

    He said with his client’s continued detention, the ex-NSA had no access records that could enable him to give meaningful ‎evidence.

    Raji said, “In sum total, my lord, up till this morning, all these facts are not controverted by the respondents.

    “He was the National Security Adviser from 2012 to 2015, almost four years, and he treated many files, but he has been in detention for two years.

    “Giving evidence is something that has do with state of the mind and recollection of events. The detention is not lawful and all the circumstances combine to completely dis-orient him.

    “Most importantly my noble lord, he has no access to documents which he can make use of.

    “He is willing and ready to assist the court but he is disabled and unable, that is why we are appealing in Prayer 2 that the court should sympathetically suspend the operation of this subpoena pending his release from detention. The law does not and cannot command what is impossible.”

    Raji further argued that from the nature of the nature of the charges instituted against Metuh, Dasuki could be said to be an alleged co-accomplice.

    He said the ex-NSA would “not be able to give evidence in the case without incriminating himself.”

    Raji contended that Dasuki, as an alleged accomplice, was a competent witness, but not a compellable witness.

    He stated that compelling Dasuki to give evidence would violate section 36(2) of the Constitution which guaranteed the right of a suspect to remain silent when arrested or detained.

    Raji said Dasuki was not served personally with the subpoena, as such; the service of the subpoena through the Director-General of DSS was invalid.

    Prosecuting lawyer, Sylvanus Tahir, and lawyers representing Metuh and Destra, Onyechi Ikpeazu (SAN) and Tochukwu Onwugbufor (SAN) opposed Dasuki’s motion.

    They argued that the court lacked jurisdiction to hear the application.

    Tahir, Ikpeazu and Onwugbufor argued that granting the application by the court would amount to a violation of section 287(2) of the Constitution which they said prohibited a lower court from reviewing or varying the judgment of the Court of Appeal which on September 29, ordered Justice Abang to sign the subpoena.

    On Raju’s argument that his client, being an alleged accomplice could implicate himself, Tahir argued that such contention was without basis.

    He said, “The applicant said he is an accomplice and his evidence will be self-incriminating

    “That argument is contrary to section 198 (1) of the Evidence Act.”

    On points of law, Raji said by virtue of the provisions of section 36(11) of the Constitution “nobody standing trial shall be compelled to give evidence”.

    He added none of the respondents had challenged “the fact that we have no access to records and we are not in right mental state to give evidence in this case”.

    Justice Abang has reserved ruling on Dasuki’s motion till today.

    HE said: “The outcome of the ruling will determine which step to take about the first subpoena (issued on Dasuki), but the orders compelling His Excellency, former President Goodluck Jonathan, and Col. Sambo Dasuki, to appear in court on Wednesday, October 25, 2017 at the instance of the first defendant (Metuh) still stand.”

    Justice Abang had issued separate subpoenas on Jonathan and Dasuki upon applications by Metuh, who had requested the two men to testify in his defence in his ongoing trial.

    The judge confirmed that the subpoena on Jonathan was issue upon the receipt Metuh’s application for the summona to be served on the ex-President at about 3.59pm on Monday.

    Justice Abang said, “Indeed, at the close of business yesterday (Monday) being October 23, 2017 precisely at about 3.59pm, the registrar forwarded to the court in chamber a subpoena to compel former President Goodluck Jonathan to appear in court to testify a the instance of the first defendant (Metuh).

    “Therefore, in line with section 241(1) of Administration of Criminal Justice Act 2015, and having regard to the subsisting judgment of the Court of Appeal in the appeal, CA/A/159C/2017, between Olisa Metuh and Federal Republic of Nigeria  dated September 29, 2017 to the effect that it will be tantamount to violating the right of the first defendant (Metuh) to fair hearing not to sign the subpoena, I have no option  other than to sign a subpoena to compel former President Goodluck Jonathan to appear in court on September 25, 2017 (Wednesday)to give evidence at the instance of the first defendant,” he said.

    When asked if Jonathan has been served with the subpoena, a registrar of the court said the bailiff of the court was yet to serve the subpoena on Jonathan as at Tuesday morning.

    The registrar said the bailiff could not be reached after the judge signed the subpoena late on Monday.

    He said the bailiff had therefore promised to pick up the subpoena for service on Jonathan on Tuesday.

    Metuh and Destra are being prosecuted by The Economic and Financial Crimes Commission on a seven-count charge of money laundering involving alleged cash transaction of $2m and fraudulent receipt of N400m meant for procurement of arms from the Office of the NSA.

    The EFCC alleged in the charges that Metuh and his firm used the N400m for PDP’s campaign activities during the 2015 presidential election.

    The N400m was alleged to be “part of the proceeds of an unlawful activities” of the immediate past NSA, Dasuki.

    Witnesses so far called by Metuh (who is currently conducting his defence have insisted that Jonathan authorised  the N400m paid to the ex-spokesperson for the PDP from the Office of the NSA  in November 2014, the money being part of the case against Metuh.

    The defence legal team had insisted that given the roles which Jonathan and Dauski played in the N400m transaction, both men were needed as witnesses in the case.