Etiaba said that Metuh was seeking an adjournment to give the court bailiff time to serve former President Goodluck Jonathan with a subpoena for him to appear and give evidence in the matter.
Etiaba, on Monday, told the Abuja Federal High Court that both he and Dr. Onyechi Ikpeazu (SAN), the lead defence counsel, have been getting life threatening messages since the issuance of subpoena against the former president.
Mr. Metuh is facing trial for alleged diversion of N400 milion from the office of the former National Security Adviser, Sambo Dasuki, during the immediate past administration of Mr. Jonathan.
“We ask for an adjournment to enable the former president to be served so that he can appear in court as a witness”.
The subpoena was the second to be issued on behalf of the defense witness in the matter.
Metuh had requested for records of proceedings of the court for November 4 and November 5 when his applications for adjournment were made.
After Mr. Tahir, concluded his submission, Mr. Abang drew the attention of the prosecution counsel to the fact he (Abang) had informed the defence of their right to apply for service of the subpoena through substituted means.
Although the court presided by the judge, Okon Abang, initially refused the application to subpoena Mr. Dasuki, it later consented to the request, after an Abuja division of the Appeal Court overruled Mr. Abang.
While the summons served on Dasuki had been successfully executed, following which the ex-NSA had testified in the case, the court bailiff had so far been unable to serve Jonathan personally.
Tahir said the summons can be served on the intended witness through courier and added that due diligence has been exercised by the bailiff of the court, thereby justifying an alternative means of service.
He, however, gave the bailiff time to make another effort in effecting service of the witness summons on Jonathan and adjourned the matter till Tuesday, for Metuh to call his next witness in his defence.
Metuh’s Lawyer, Mr. Emeka Etiaba (SAN), and the counsel representing his company – Destra Investments Limited – Mr. Tochukwu Onwugbufor (SAN), had previously made the satetement before the court on Monday.
In a ruling on the matter, Mr. Abang agreed with the submission of the defence that the Section 250 cited by Mr. Tahir was inapplicable in the current state of the matter.
However, Etiaba said he would appeal against the judge’s pronouncement.
Mr. Abang however denied asking Mr. Metuh to appear in court, saying he only noted that the defendant was at liberty to appear if he deemed it necessary.
Recalled that the embattled former spokesman of the PDP on Monday told the court that there are attempts on his life and that of his lawyers following the subpoena on former President Goodluck Jonathan to appear in court to testify for him.
Culled from Here
