Ebun Francis || Justice Okon Abang of the federal high court Abuja Thursday ruled against Olisa Metuh’s application to compel Sambo Dasuki, a former National Security Adviser (NSA), to testify in his matter.
Justice Abang also denied the request of the former spokesman of the peoples Democratic, PDP, to travel to the United Kingdom (UK) for treatment.
The Judge in his ruling on said Metuh’s application lacked merit and that Dasuki was not a “compellable witness”.
According to the Judge, “To grant or refuse the application is at the discretion of the court. The constitution did not oppose the application but it must be deserving. It is not the duty of the court to compel any person to come to give witness for a party.”
“It must not be signed by the judge at all cost. It is my view that Col. Dasuki is not a compellable witness to attend court to give evidence for the first defendant. There’s nothing to show that first defendant applied to the authority keeping Dasuki.
“He cannot come to court first without asking the authority, it is not the duty of the court to compel anybody except he is a compellable witness.
“The application of the first defendant was not made in good fate. The defendant filed list of witness to be tried in trial. The name of Dasuki was not there initially. It is an afterthought. The application is to delay progress in this matter,” he said.
On Metuh’s application to travel to the UK for a medical treatment, the Judge ruled, ”This is not a sentimental issue or sympathy but an issue of law. From the fact deposed to it Seems to me that the applicant has not been healed of the ailment that he claimed,” the judge held.
“The applicant should not create a problem for the court. The applicant said there was no need to appeal against the order but invited the court to sit in appeal in its own order.
“It is pertinently unlawful. I have no jurisdiction to sit on the matter – a court cannot sit on its order right or wrong. That request cannot be reopened in this court. It is accordingly dismissed.”
Olisa Metuh is standing trial for allegedly collecting N400m illegally from the National Security Adviser, Sambo Dasuki.
