Former National Security Adviser, Col. Sambo Dasuki (retd.), on Wednesday, entered the witness box as the eighth defence witness in defence of a former National Publicity Secretary of the Peoples Democratic Party, Mr. Olisa Metuh.
This was after the Federal High Court in Abuja, presided over by Justice Okon Abang, dismissed an application by Dasuki, seeking an adjournment pending the determination of his motion pending before the Court of Appeal to challenge the subpoena issued on him to appear in the case.
Dasuki, who had been in the custody of the Department of State Services since December 2015, was produced in court by the agency’s operatives on Wednesday following an application by Metuh that the ex-NSA be summoned.
Justice Abang held that granting Dasuki’s application would amount to flouting the earlier judgment of the Court of Appeal delivered on September 29, directing him to sign and ensure the execution of the subpoena on Dasuki.
He held that he refused to grant it because it would amount to granting an order of stay of proceedings prohibited by the Administration of Criminal Justice Act and cited the decision of the Supreme Court in the case of Metuh against the Federal Government in which judgment was delivered on June 9, 2017 validating the provision of section 306 of the ACJA which prohibits stay of proceedings.
According to the judge, it would also amount to staying the judgment of the Court of Appeal which ordered him to sign the subpoena issued on Dasuki saying “if I adjourn this case, it would have stayed the judgment of the Court of Appeal delivered on September 29, 2017.”
He said if Dasuki was dissatisfied with the Court of Appeal’s order, “the applicant knows what to do” and ruled, “I will take the evidence of Col. Dasuki that is in court today.”
It was the first time Dasuki would be physically asked questions relating to his alleged diversion of funds meant for arms procurement into presidential campaigns of the then ruling Peoples Democratic Party (PDP) in 2015.
Fielding questions from Metuh’s lawyer, Mr. Emeka Etiaba (SAN), Dasuki told the court that he could no long remember the details of the N400m which he gave to Metuh in 2014 which is part of the subjects of the charges instituted against Metuh.
He insisted that his incarceration for about two years had deprived him of access to documents that could help him to give any meaningful evidence.
When asked if he, as the then NSA, remembered that he had dealing with Metuh and his (Metuh’s) firm, Destra Investments Limited, in 2014, Dasuki said, “I cannot confirm if I had any dealing with him from memory.
“If I have any dealing at all as it relates to this case, it’s not possible that without reference to my record, I cannot respond in a manner that will please you (referring to Metuh’s lawyer).
“It will be very difficult for me to give any details of the money paid to Chief Olisa Metuh and the second defendant (Destra Investment Limited) without reference to my records.”
He said as the NSA he was essentially a principal staff officer in the Office of the President. Asked why he was in court, he simply said, “I am here to answer to a court ruling, a subpoena.
“I have stated earlier that I have been in custody for two years. As soon as authorities decide to obey the subsisting court orders.
“I have four bail court orders and an ECOWAS Court ruling. When they release me, I can go through the records. That is when I will be able to give a ti meline. As long as I am in detention, the answer is I don’t know.”
He however confirmed that he had filed processes before the Supreme Court in respect of his bail which had been slated for hearin on January 25, 2018
At this point, Etiaba sought an adjournment on the basis of the need for Dasuki to have an access to his records and Justice Abang fixed November 3 for ruling.
